Murder

Question 1

what is homicide?

Answer 1

the unlawful killing of a human being

Question 2

what is murder/definition of murder?

Answer 2

murder is a common law offence

Lord Coke- “the unlawful killing of a reasonable person in being and under the King’s (or Queen’s) Peace with malice afterthought, express or implied”

Question 3

Actus reus of murder

Answer 3

• D killed
• Reasonable creature in being
• under the queens peace
• killing was unlawful

Question 4

what are the mandatory life sentences?

Answer 4

18+ = must receive life sentence
10-17 = detained at Her Majesty’s pleasure at young offenders institution
judges have no discretion on sentence

Question 5

what are the actus reas elements in Actus reas?

Answer 5

-D killed
-a reasonable creature in being
-under the queens peace
the killing was unlawful

Question 6

can ‘killed’ be an omission? case?

Answer 6

can be act or omission but must cause the death of the V

R v Gibbins and Proctor - omission

Question 7

causation and murder?

Answer 7

murder is a result crime, D not guilty unless his acts/omissions caused the death

Question 8

what does ‘a reasonable creature in being’ mean?

Answer 8

a human being

Question 9

can a foetus be considered as a ‘reasonable creature in being’?

Answer 9

no, the child has to have ‘an existence independent of the mother’ to be considered a ‘creature in being’.

Question 10

what case shows that a foetus is not considered as a ‘reasonable creature in being’?

Answer 10

Attorney General’s Reference No 3

Question 11

is a brain-dead person considered a ‘reasonable creature in being’?

Answer 11

if brain stems are not active, they are not a creature in being, Malcherek

Question 12

what is under ‘the Queen’s peace’ mean?

Answer 12

killing of an enemy in war is not murder.

Question 13

when is ‘killing’ not unlawful?

Answer 13

self-defence or defence of another in prevention of crime, killing is not unlawful.

Question 14

what is the mens rea for murder?

Answer 14

‘malice aforethought, express or implied’, 2 different intentions; either intention to kill or intention to cause gbh

Question 15

a person can be guilty even if they had no intention to kill

Answer 15

this was decided in R v Vickers (intention to cause GBH), later confirmed in R v Cunningham
when intending to inflict GBH and V dies, sufficient to imply malice aforethought

Question 16

what is GBH?

Answer 16

DPP v Smith , ‘really serious harm’

Question 17

oblique intent, foresight of consequences and murder?

Answer 17

D’s main aim was something different from causing death, but in achieving the aim a death is caused.
D does not have mens rea for murder unless he/she foresaw that they would cause death/injury
=foresight of consequences.

Question 18

what are cases for foresight of consequences?

Answer 18

R v Moloney
R v Nedrick
R v Woollin

Question 19

is foresight of consequences intention for murder?

Answer 19

not intention but evidence
jury not entitled to find the necessary intention unless they feel sure that Death/serious injury was a virtual certainty as a result of D’s actions and D appreciated this

Question 20

transferred malice and murder?

Answer 20

general rule applies to murder, D will be guilty, the intention to kill is transferred. Gnango