mmmmmMURDER

Question 1

Actus reus of murder

Answer 1

Murder is the unlawful killing of a reasonable person in being and under the kings peace with malice aforethought, express or implied. (Lord coke)

Question 2

‘Killed’ discuss what that means

Answer 2

Can be act or omission, and is a result crime

Question 3

What is a reasonable creature in being

Answer 3

Someone who isn’t a foetus or brain dead (Year and a day rule, abolished in 1996)

Question 4

What is the kings peace

Answer 4

At a time we aren’t at war

Question 5

Define unlawful

Answer 5

Without defence

Question 6

What is the men’s rea of murder

Answer 6

Express (intent to kill) or implied (GBH) either makes you guilty Vickers 1957/ Cunningham 1981

Question 7

Types of intent

Answer 7

Direct or oblique

Question 8

What are the guidlines for a murder sentence

Answer 8

Whole life term for extremely serious ie saidistic or sexual child killings, multiple murders
30years min for killings of police officers, racially or sexually aggravated, sadistic
15 years min for murders not within the other two catergories