fatal offences - murder

Question 1

definition of murder

Answer 1

SIR EDWARD COKE (17TH CENTURY)
the unlawful killing of a reasonable person in being and under the king (or queen) peace with malice aforethought, express or implied

Question 2

steps of murder

Answer 2

1-AR- unlawful killing
2-AR- of a reasonable person in being
3-AR- under the queens peace
4-MR- malice aforethought, express or implied

Question 3

1st step and case

Answer 3

unlawful killing 
establish whether there is a act or omission and identify it 
GIBBINS AND PROCTOR 
duty arising from relationship
PITTWOOD
contractual duty
MILLER
creation of a dangerous situation 
ST0NE AND DOBINSON
duty if taken on voluntarily 
DYTHAM 
duty arising from public position

Question 4

2nd step and case

Answer 4

reasonable person in being
foetus not a human being - only when fully expelled from mothers body
MALCHEREK AND STEEL
doctors permitted to switch off life support machines of people deemed to be ‘brain dead’

Question 5

3rd step

Answer 5

under the queens peace

killing in peacetime - killing of enemy at war not murder

Question 6

4th step

Answer 6

malice aforethought direct expressed or implied

SIR EDWARD COKE - MR for murder - malice aforethought express or implied

Question 7

4 types of mens Rea

Answer 7

direct expressed - aim/purpose/motive is to kill
oblique expressed - death is a virtual certainty and d knows
direct implied - aim/purpose/ motive is GBH
oblique implied - GBH is a virtual certainty and D knows

Question 8

expressed and implied malice definition

case

Answer 8

expressed malice
intention to kill

implied malice
intention to cause GBH
VICKERS
intention to inflict GBH resulting in death of victim is enough to imply the necessary intention for murder

Question 9

direct and oblique intent definition

case

Answer 9

direct intent
MOHAN
d’s aim, purpose or motive

oblique intent
WOOLIN
d’s aim is something different to the consequence but d knows that the consequences of his actions is virtually certain