Term
|
Definition
- Causing death of a human being
- Under the King/Queen's Peace
- Within any country of the realm
|
|
|
Term
|
Definition
|
|
Term
Poulton
(1832) 5 C & P 329 |
|
Definition
| A child must be wholly expelled from the mother to be regarded as a human being. |
|
|
Term
|
Definition
| A child must have a seperate existence from its mother to be regarded as a human being. |
|
|
Term
Malcharek, Steel
[1981] 2 All ER 422 |
|
Definition
| The death of the brain stem ('Brain Death Test') is the test used to determine the death of a human being. |
|
|
Term
|
Definition
Proof of malice aforethought means that a jury is satisfied that, at the time of killing the victim, the defendant either:
- Intended to kill (express malice)
- Intended to cause grievous bodily harm (implied malice)
|
|
|
Term
DPP v Smith
[1961] AC 290 |
|
Definition
| 'Bodily harm' needs no explanation while 'grievous' means no more and no less than 'really serious' |
|
|
Term
Janjua
[1998] EWCA Crim 1419 |
|
Definition
| The omission of the word 'really' from the definition of gbh in DPP v Smith is not significant |
|
|
