Fatal

Question 1

How did Lord Coke define murder?

Answer 1

The unlawful killing of a reasonable creature under the King’s peace with malice aforethought (express or implied)

This definition is foundational in understanding the legal concept of murder.

Question 2

What governs the crime of murder in the UK?

Answer 2

The Homicide Act 1957

This act outlines the legal framework and penalties for murder.

Question 3

What is the mandatory sentence for murder under the Homicide Act 1957?

Answer 3

Life sentence

This reflects the seriousness of the crime of murder.

Question 4

What is the Actus Reus (AR) of murder?

Answer 4

Unlawful killing of a reasonable creature under the king’s peace

The Actus Reus must be established to prove murder.

Question 5

What constitutes unlawful killing?

Answer 5

Killing done without legal justification

Examples of lawful killing include self-defense and medical decisions.

Question 6

Can murder occur through an omission?

Answer 6

Yes, as seen in Gibbins v Proctor

In this case, the defendants were held liable for the death due to their failure to act.

Question 7

What does ‘reasonable creature’ refer to in the context of murder?

Answer 7

A human being

A foetus is not considered a reasonable creature in this context.

Question 8

Is turning off a life support machine considered murder?

Answer 8

No, it is not murder or a break in the chain of causation if the person is brain dead

This principle was illustrated in Malcherek and Steel.

Question 9

What does ‘under the King’s peace’ imply?

Answer 9

Those involved in war or battle will not be charged with murder

However, killing a prisoner of war can still amount to murder.

Question 10

What is required to establish causation in murder?

Answer 10

The defendant must have caused the killing of the victim

This involves discussing both factual and legal causation.

Question 11

What test is used for factual causation?

Answer 11

‘But for’ test

This test determines whether the victim would have died but for the defendant’s actions, as illustrated in R v White/Pagett.

Question 12

What is legal causation in the context of murder?

Answer 12

The defendant’s actions must be a substantial cause of the victim’s injuries

R v Kimsey established that the defendant must be more than a minimal cause.

Question 13

What must be considered regarding intervening acts?

Answer 13

If relevant, they must be explained; otherwise, it is stated there are none

If no intervening acts exist, the defendant remains the cause of the victim’s death.

Question 14

What is the Mens Rea (MR) for murder?

Answer 14

Malice aforethought, express or implied

Understanding the Mens Rea is crucial for establishing intent in murder cases.

Question 15

What is express malice aforethought?

Answer 15

The intention to kill

This was illustrated in R v Vickers.

Question 16

What is implied malice aforethought?

Answer 16

The intention to cause GBH

This can be direct or indirect intention.

Question 17

What is direct intention in the context of implied malice?

Answer 17

The defendant desires a specific outcome

Illustrated in the case of Mohan.

Question 18

What is indirect intention in the context of implied malice?

Answer 18

Death was a virtual certainty as a result of the defendant’s actions

This principle was established in Woollin.

Question 19

What is transferred malice?

Answer 19

A legal doctrine where intent to harm one individual can transfer to another

This principle applies when the defendant intends to kill or cause harm to one person but accidentally harms another.