Murder

Question 1

murder is a?

Answer 1

common law offence

Question 2

Defined by lord coke as?

Answer 2

the unlawful killing of a human being under the queens peace with malice or aforethought

Question 3

Mens rea for murder?

Answer 3

intention only

Question 4

Cuasation

what are the two tests with cases that satisfy legal causation?

Answer 4

but for? but for the defendants action would the victim still have died? R v white
De minimus did the defendant play more than a minimal role in the death R v Kimsey

Question 5

What are the two tests that satisfy legal causation?

Answer 5

operative and substantial

Question 6

are there any interviening acts?

Answer 6

3rd party - smith/Jordan
victims own action - robberts
are they palpably wrong and break the chain of causation?

Question 7

intention, what is direct intent charged as?

Answer 7

murder

Question 8

What is indirect intent charged as?

Answer 8

recklessness/gross negligence

this would be manslaughter

Question 9

what is transferred malice? with a case

Answer 9

malice transferred to a different person

seen in Latimer - belt

Question 10

are there any single transactions of events? a case

any continuing acts? a case

Answer 10

church/ thabo meli

fagan