Murder

Question 1

Where and what is murder’s definition?

Answer 1

Murder is defined in common law (Lord Coke) as an unlawful killing of a reasonable creature in being under the Queen’s peace with malice aforethought, either express or implied.

In an exam use the definition of ‘an unlawful killing with malice aforethought’ when defining murder, then the full definition when explaining AR and MR.

Question 2

What can the killing be?

Answer 2

An act or an ommission

Question 3

What did R v Gibbons and Proctor say about omissions regarding murder?

Answer 3

D must have a duty to act.

Question 4

What are the 5 duties to act and their cases?

Answer 4

1. Contractual - R v Pittwood
2. Voluntary Assumption of Care - R v Stone and Dobinson
3. Relationship - R v Gibbons and Proctor
4. Public Office - R v Dytham
5. Creating a Dangerous Situation - R v Miller

Question 5

Discuss Causation

Answer 5

Factual Causation - ‘but for’ test - Pagett and White
Legal Causation - ‘operative and substantial’ test - Smith
Intervening Acts - Unreasonable and Unforeseeable:
- Third Party - Jordan (Palpably Wrong) and Pagett
- Victim - Williams and Roberts
- God
Thin Skull Rule - Blaue

Question 6

What case defined what is meant by ‘unlawful’?

Answer 6

Martin - Unlawful is unnecessary

Question 7

What case defined when life begins?

Answer 7

AG Ref (3 of 94) - Life begins at birth

Question 8

What case defined when life ends?

Answer 8

Malcherek - Life ends at brain death

Question 9

What are the 2 cases about people having poor quality of life but aren’t brain dead?

Answer 9

• Airedale NHS Trust v Bland - Removing life sustaining treatment from a victim in a persistent vegetative state can be allowed if the court gives permission and it is in the patient’s best interest to do so.
• Tony Nicklinson - No treatment would have been withdrawn, it would have been actively taking a life.

Question 10

What case defined when a country is ‘under the Queen’s peace’?

Answer 10

DPP v Clegg - A country is ‘under the Queen’s peace’ when they are not at war.

Question 11

What are the two types of malice aforethough?

Answer 11

• Express - Intended to kill

- Implied - Intended to cause GBH

Question 12

What case defined what GBH is?

Answer 12

DPP v Smith - Really serious harm

Question 13

What is the case for implied malice?

Answer 13

Vickers - Intention to cause GBH is sufficient MR for murder if V dies.

Question 14

What case defined direct intention?

Answer 14

Mohan - A decision or aim to bring about the prohibited consequence.

Question 15

What case defined oblique intention?

Answer 15

Woollin - The consequence is virtually certain; D knows the consequence is virtually certain.

Question 16

What is the extra case for oblique intention?

Answer 16

Matthews and Alleyne - The court is able to find oblique intention after considering the Woollin test.

I.e. Passing the Woolling test does not mean you have oblique intention, it only allows for it to be found.

Question 17

What are the 4 possibilities for the MR of murder?

Answer 17

1. Express - Direct
2. Express - Oblique
3. Implied - Direct
4. Implied - Oblique

Question 18

Discuss Coincidence

Answer 18

When AR and MR happen at different times.
Single Transaction Theory - Thabo Meli - MR is before AR.
Continuing Act - Fagan v MPC - AR is before MR.

Question 19

What is transferred malice?

Answer 19

When D has the MR of a crime, performing the AR of the crime but in a different way to he intended. D’s MR can be transferred from the intended V to the actual V - Latimer.

MR cannot be transferred from person to object - Pembliton