Law03

Question 1

Definition of murder

Answer 1

“the unlawful killing of a person, by the defendant, under the Queen’s peace. Malice aforethought express or implied”.

Question 2

Actus Reus of murder

Answer 2

U - Unlawful
K - Killing of a person
B - By the defendant
U - Under the Queen’s peace

Question 3

Mens Rea

Answer 3

Malice aforethought express or implied.

Question 4

Can an omission account for the act of murder?

If so under what circumstances?

Answer 4

Yes it can.
Contractual duty - Pittwood
Duty because of a relationship - Gibbins and Proctor
Voluntary assumption of duty - Stone and Dobinson

Question 5

What are the 2 problem areas for the definition of human being.

Answer 5

1. Is a foetus in the womb a ‘reasonable creature in being’.

2.