Criminal

Question 1

Murder

Answer 1

1. Introduction
   • Define murder: “Murder is the unlawful killing of a reasonable person in being and under the Queen’s Peace, with malice aforethought, express or implied.”
2. Actus Reus (AR)

• Define the actus reus of murder: the unlawful killing of a human being under the kings Peace.

• Unlawful: Discuss whether the killing was unlawful (was it justified, e.g., self-defense?). R v Clegg
• Killing: V dies when braindead R v Malcherek & Steele
• Human being: Consider whether the victim is a human (not a fetus ). AG ref 3 of 1994
• Under the King’s Peace: Not in wartime or military conflict. R v Page

3. Causation

• Factual causation: “But for” test (R v White).
• Legal causation: Whether the defendant’s actions were the substantial and operative cause of death (R v Cheshire).

4. Mens Rea (MR)

• Define malice aforethought:
• Express malice: Intention to kill.
• Implied malice: Intention to cause grievous bodily harm (R v Vickers).
R v Moloney
• Intention:
• Direct intention: The defendant’s aim to kill (R v Mohan).
• Oblique intention: Was death or GBH a virtual certainty? (R v Woollin).

5. Defenses (if relevant)

• Loss of control (Coroners and Justice Act 2009).
• Diminished responsibility (Homicide Act 1957 as amended by Coroners and Justice Act 2009).

6. Conclusion

Mandatory life sentence fixed by Murder Act