C/murder scaffold

Question 1

defintion of murder ?

Answer 1

-Murder was defined by lord coke 1797
-‘the unlawful killing of a reasonable creature in being under kings peace.’

Question 2

actus reus?

Answer 2

• not done in self defence or in a prevetion of crime and used reasonable force
  -must be a ‘reasonable creature in being’ where the victim must be born alive and not a foteus
  -it must also be under the kings peace

Question 3

‘But for’ test

Answer 3

-but for (pagett) using the victim as a human shield she would not have died.

Question 4

Intervining acts ?

Answer 4

-thin skull rule (blaue)
-victim owns act (r v roberts)
-third party act (pagett)
-medicial negligance(r v smith)

Question 5

mens rea

Answer 5

-expressed intent:that the defendant intented to kill the victim direct (Mohan) or indirect (woolin)
-implied intent: the defandant intent to cause GBH upon the victim (r v vickers)