Murder

Question 1

What is the actus Reus of murder?

Answer 1

Comes from the common law as, “the unlawful killing of another human being under the queens peace with malice aforethought” (sir Edward coke)

Question 2

How can the mens rea be applied?

Answer 2

Express malice aforethought through direct intention, express malice aforethought through oblique intention, implied malice aforethought through oblique intention and implied malice aforethought through direct intention.

Question 3

What is the sentence if found guilty of murder ?

Answer 3

Life imprisonment

Question 4

Apply the actus reus of murder

Answer 4

Self evident that the killing occurred under the queens peace. Also self evident that v is a human being as he is breathing with his own lungs and fully expelled from his mothers body (rance)

Question 5

What is express malice aforethought through direct intention?

Answer 5

D’s main aim or purpose to kill

Question 6

What is express malice aforethought through oblique intention?

Answer 6

Virtually certain d’s actions would kill

Question 7

What is Implied malice aforethought through direct intention?

Answer 7

D’s main aim or purpose to cause GBH

Question 8

What is implied malice aforethought through oblique intention?

Answer 8

Virtually certain from d’s actions GBH would occur

Question 9

What are the specific defences for murder ?

Answer 9

Loss of control and diminished responsibility

Question 10

What is the mens rea for murder?

Answer 10

Malice aforethought, which means intention to kill or cause serious harm.