Fatal Offences - Murder

Question 1

definition

Answer 1

Murder is the unlawful killing of a human being under the kings peace with malice aforethought express to implied by law - Lord Coke

Question 2

The unlawful killing

Answer 2

Positive act or omission

Question 3

Omissions

Answer 3

Parents/child(R v Gibbons and Proctar), voluntarily assumed responsibility (R v Stone and Dobinson), contractual duty (R v Pittwood), public duty (R v Dytham), started a chain of events ( R v Miller), statutory duty-S170 of the road traffic act 1988

Question 4

A killing is not murder if deemed lawful

Answer 4

Turning of life support (R v Malcharek), operating to save one patient but killing another (Re A)

Question 5

Human being

Answer 5

A foetus is not a a human being unless injured in the womb then born and died from the injuries (AGs Ref No3). Reasonable being is any person that can survive independently from its mother.

Question 6

Kings peace

Answer 6

D has Killed V in battle (R v Page). Anyone under the kings realm is entitled to live in peace, at war they are not under peace

Question 7

Causation

Answer 7

Factual - D will only be liable if the consequence would not have happened but for their unlawful act or omission (R v White)
Legal - D has caused the unlawful outcome if his conduct contributes to it in a more than minimal way and is the operating and substantiating cause of death (R v Smith)

Question 8

Novus actus interveniens

Answer 8

Act of third party (R v Smith), medical negligence (R v Cheshire), Vs own actions (R v Robert’s), act of god, thin skull rule (Blaue)

Question 9

MR - express malice

Answer 9

D intends to kill V
Direct intent - aims/dessires Vs death (belfon)
Oblique intent - Vs death is virtual certainty due to ds actions and D realises this (Woolin)

Question 10

MR - implied malice

Answer 10

Where D intends to cause GBH (Vickers)
Direct intent - desires serious harm (Mohan)
Oblique harm - really serious harms a virtual certainty and D realises this (Woolin)