Murder

Question 1

What type of offence is it?

Answer 1

Common-law

Question 2

Who does the definition originate from?

Answer 2

Edward Coke

Question 3

What did Edward Coke define it as?

Answer 3

The unlawful killing of a human being with malice aforethought

Question 4

Summary or indictable?

Answer 4

Indictable

Question 5

What is the sentence?

Answer 5

Mandatory life sentence

Question 6

What is the actus reus of murder?

Answer 6

Unlawful killing of a human being

Question 7

Unlawful

Answer 7

Relating to the presence of a defence (e.g. self-defence is justified)

Question 8

Killing

Answer 8

Meaning ‘causing death’

Question 9

Causing

Answer 9

Rules of causation…
Must have more than minimally, negligibly or trivially contributed to death
Legal and factual cause etc

Question 10

Death

Answer 10

Brain stem death

Question 11

Human being

Answer 11

Born alive and breathing through its own lungs

Question 12

What is the mens rea of murder?

Answer 12

Malice aforethought

Question 13

What does malice aforethought mean?

Answer 13

Intent to kill or cause grievous bodily harm

Question 14

What the mens rea of murder be?

Answer 14

Oblique intent to kill
Direct intent to kill
Direct intent to cause really serious harm
Oblique intent to cause really serious harm

Question 15

What is the case for intent to cause really serious harm?

Answer 15

DPP v Smith

Question 16

DPP v Smith

Answer 16

Grievous means no more and no less than really serious