Criminal Law 2 - Homicide

Question 1

What are the elements of a murder offence?

Answer 1

• Actus Reus:
  unlawful killing (factual & legal causation) of a human being under Queen’s Peace
• Mens Rea:
  intention to kill or cause GBH (serious harm)

Question 2

How does murder apply to babies?

Answer 2

• must be fully expelled to be considered alive
• not necissary for umbilical cord to be cut
• pregnant woman stabbed in the abdomen, not guilty of murder of child

Question 3

What are the cases on Mens Rea for murder?

Answer 3

burglar kicked elderly woman in the face - intended to cause serious harm therefore had MR for Murder.