Fatal offences- MURDER

Question 1

1. WHAT IS MURDER? LORD COKE?

Answer 1

The unlawful killing of a person in being under the queens peace with malice aforethought.

Question 2

2. ACTUS REUS OF MURDER?

Answer 2

The killing can be by D’s voluntary act or omission, but it must cause the death of V.

Question 3

3. MALICE AFORETHOUGHT? VICKERS?

Answer 3

D must intend:

• intend to kill; or
• intend to cause GBH.

Question 4

4. TRANSFERRED MALICE?

Answer 4

Is the principle that D can be guilty if he intended to commit a similar crime but against a different V.

Question 5

5. THABO MELI V R?

Answer 5

In order for D to be liable for murder, both the actus reus and mens rea must be present at the same time. An exception to this coincidence is where the actus reus is part of some larger transaction. It will be sufficient that D forms mens rea at some point during that transaction.