Fatal Offences Against the Person (OCR A-Level Law): Flashcards

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Murder
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Legal definition of murder

Unlawful killing of human being with malice aforethought

Two essential elements of murder

Actus reus (prohibited act) and mens rea (mental state)

Four components of murder actus reus

Unlawful killing, causation, death, human being

R v Clegg (1995) principle

Good intentions/duty don't excuse unlawful killing if excessive

Medical test for death in murder

Brain stem death

When does foetus become human being?

When born alive and breathing through own lungs

What does 'malice aforethought' mean?

Intent to kill or cause grievous bodily harm (GBH)

Definition of grievous bodily harm (GBH)

Really serious harm

Four ways to satisfy murder mens rea

Direct/oblique intent to kill OR direct/oblique intent for GBH

ILAC structure for murder exam questions

Issues, Law, Apply, Conclude

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