Shared Flashcard Set

Details

Miscellaneous Criminal Law Elements
Murder, Causation, Intoxication
8
Law
Undergraduate 1
05/22/2013

Additional Law Flashcards

 


 

Cards

Term
Where is the definition to murder found?
Definition
Trick question... murder is a common law offense.
Term
Define murder
Definition
the unlawful killing of another person in the Queen’s peace.
Term
Name 4 actus reus elements to murder
Definition
1. Unlawful
2. Killing
3. Of another person
4. In the queens peace
Term
name the 2 mens rea elements of murder
Definition
Intention to cause death or GBH
Term
2. Killing
a. It must be shown that the D caused the death of the victim.
b. It must be shown that the D accelerated the victim’s death by more than a negligible amount. See
Definition
i. R v Adams [1957]
Term
• Voluntary intoxication may not be used as a defense to crimes of basic intent. See:
Definition
R v Majewski [1977]
Term
• There are 4 elements which a D must prove to be successful in a defense of diminished responsibility. name them
Definition
1. He or she was suffering from an abnormality of mental functioning.
2. The abnormality of mental functioning was caused by a recognized medical condition.
3. As a result of the abnormality the D’s ability to understand the nature of his or her conduct was impaired.
4. The abnormality of mental functioning was a significant contributory factor in carrying out the D’s conduct.
Term
• Make sure to include a comment in your LOC essay about how there is a limbo or dead zone for D’s who do not fit into the diminished responsibility camp and do not qualify for LOC. If they are prone to violence or have a short fuse.
Definition
Supporting users have an ad free experience!