Criminal - Fatals - Murder

Question 1

What is the definition of murder?

Answer 1

The unlawful killing of a human being under the kings peace with malice aforethought.

Question 2

What sets out the definition of murder?

Answer 2

It come from the common law (sir Edward Coke)

Question 3

What are the four elements to the AR of murder?

Answer 3

• Unlawful
• killing
• human being
• kings peace

Question 4

Explain ‘killing’

Answer 4

• The law defines ‘dead’ as ‘brain dead’.
• R v Malcherek

Question 5

Explain ‘unlawful’

Answer 5

• its unlawful if its not done in self defence
• R v Martin

Question 6

Explain ‘human being’

Answer 6

• to be classed as a human being you must be fully expelled from the mother and breathing through your own lungs .
• R v Rance

Question 7

Explain ‘kings peace’

Answer 7

• not during war time

Question 8

What is the MR of murder?

Answer 8

The MR of murder is malice aforethought which means intention to kill or cause serious harm. The intention can take two forms express or implied ((Vickers - 1957) confirmed in (Cunningham - 1981))

Question 9

What is express malice aforethought?

Answer 9

Intention to kill.

Question 10

What is implied malice aforethought?

Answer 10

Intention to cause GBH.

Question 11

What are the two types of intention? (MR)

Answer 11

Direct (Mohan)
Oblique ( Woolin ) - virtual certainty

Question 12

What must the prosecution prove as a minimum to argue murder?

Answer 12

Implied malice aforethought through oblique intention.