Murder

Question 1

Murder (Lord Coke)

Answer 1

The unlawful killing of a human being in existence under the Queens peace with malice afterthought

a. Unlawful Killing
b. Human Being
c. Under the Queens peace
d. Causation
e. Malice afterthought

Question 2

Gibbons & Proctor

Answer 2

unlawful killing can be via positive act or omission

if by omission, there must have been a duty in law to act for there to be an unlawful killing.

Question 3

Malcharek

Answer 3

turning off life support is deemed lawful and so not murder

Question 4

Re A

Answer 4

operating to save one patient while killing another is deemed lawful and so not murder

Question 5

AG’s Ref No.3 1994

Answer 5

A foetus is not a human being

Question 6

Page

Answer 6

D has not killed V in battle; must be under the Queen’s peace

Question 7

White

Answer 7

But for D’s actions, V would not have died

Question 8

Smith

Answer 8

D’s actions must be proved to have contributed to Vs death in a more than minimal way

Question 9

Blaue

Answer 9

D must take V as he finds him

Question 10

Roberts

Answer 10

Vs own actions do not break the chain of causation if they were reasonably foreseeable

Question 11

Smith (causation)

Answer 11

Third parties do not break the chain of causation if Vs wounds are an operating and substantial cause of death

Question 12

Chesire

Answer 12

Medical negligence will not break the chain unless ‘extraordinary or unusual’

Question 13

DPP v Smith

Answer 13

D intends to cause GBH; ‘really serious harm’

• implied malice

Question 14

Vickers

Answer 14

D intends to cause GBH and V dies

• implied malice

Question 15

Woollin

Answer 15

V’s death is a virtual certainty and D realises this

• express malice; oblique intent