1B Murder (complete)

Question 1

AR of murder

Answer 1

The unlawful killing of a human being under the King’s peace

Question 2

Issues with the AR of murder

Answer 2

1) The King’s peace
2) Killing/death
3) Another ‘human being’

Question 3

1) The King’s peace

Answer 3

The killing of the enemy in war is not murder.

Question 4

2) Killing/death

Answer 4

Life is recognised as brain stem activity
Malcherek and Steel- switching the machine off does not break the chain of causation.

Question 5

3) Another human being

Answer 5

A foetus cannot be a victim of murder (AG Ref No 3 of 1994)
Brain stem death is not confirmed by any cases, and there is no time limit on when the death can occur (Law Reform Act 1996).

Question 6

MR of murder

Answer 6

‘Malice aforethought’- where there is an direct of indirect intention to kill or intent to cause GBH.

Question 7

Direct intention to kill

Answer 7

Direct intent (Mohan) and if death or GBH is a virtual certainty then intent is irresistible to find (Matthews v Alleyne).

Question 8

Intention to cause GBH

Answer 8

An intention to cause GBH means there is a willingness to accept that the victim might die (Vickers).

Question 9

Issues relating to MR

Answer 9

Transferred malice (Mitchell) and the coincidence rule (Thabo Meli).