Murder

Question 1

Define

Answer 1

… Could potentially amount to murder

Question 2

Actus reus

Answer 2

Definition or murder comes as “the unlawful killing of a human being under queen’s peace with Malice aforethought” (Sir Edward coke)

Self evident the killing occurred under queen’s peace.
Self evident that v is human being as they’re breathing with their own lungs and fully expelled from their mothers body (Rance)
When D… It was arguably unlawful as it was arguably not in self defence (Martin)

Question 3

Causation

Answer 3

Must establish V injury was caused by D. Causation in fact (Pagett) and law (Jordan)

Self evident OR template

Question 4

Mens rea

Answer 4

Malice aforethought which means intention to kill or cause serious harm. The court established in vickers 1957 and confirmed in cunningham 1981 that intention in murder can take two forms-
Express and implied Malice aforethought

Express Malice aforethought is intention to kill and implied is intention to cause GBH

When establishing Malice aforethought D could have either direct or oblique intention

Direct intention is Ds main aim or purpose (Mohan) and oblique intention is now defined using woollin test - forsees death or serious harm as a virtual certainty”

Question 5

Apply mens rea

Answer 5

Express MA through direct intention - it was Ds main aim or purpose to kill

Express MA through oblique intention - virtually certain that Ds actions would kill

Implied MA through direct intention - Ds main aim or purpose to cause GBH

Implied MA through oblique intention - virtually certain through Ds actions that GBH would occur

Question 6

Defences

Answer 6

Apply defences

Diminished responsibility and loss of control

Question 7

Conclude

Answer 7

In light of the above I believe that D could potentially be found guilty /not guilty. If found guilty they will be sentenced to life