7.1 Murder

Question 1

Actus Reus of Murder

Answer 1

The Unlawful killing of a reasonable creature in being under the kings peace

Question 2

AR of murder: define unlawful killing

Answer 2

Killing that is not in self-defence or defence of another
Omissions can count as killing (R v Gibbins and Proctor)

Question 3

AR of murder: define reasonable creature in being

Answer 3

• A human
• A foetus does count if recieved injuries while unborn AG’s Ref. No.3 of 1987
• If you put someone on life support they are reasonable creature (R v Malcherek and Steel)
• Have to take victim as you find them (R v Blaue)

Question 4

AR of Murder: define under King’s peace

Answer 4

Means during a time of no war

Question 5

MR of murder

Answer 5

Malice aforethought express or implied

Question 6

MR of murder: Expressed malice

Answer 6

Means having a direct intent to kill: could be shown by repeated hits to the head etc

Question 7

MR of murder: Impied intent

Answer 7

• Intent to commit GBH
• (R v Vicker) intent for GBH is sufficient
• Use (R v Woollin) test:
  a) was death or seriosu injury virtual certainty?
  b) did D know this
• Also (R v Cunningham) for recklessness as to cause murder, maybe only meant GBH

Question 8

What is the case for the thin skull rule?

Answer 8

(R v Blaue) - take the victim as you find them any pre-existing physical or mental conditions that make injuries worse do not affect guilt

Question 9

What case proved intent to commit GBH is enough for murder MR?

Answer 9

(R v Vickers)