Murder Flashcards

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1
Q

1) Introduction

A

D may be guilty of the common law offence of murder.

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2
Q

2) AR of murder

A

The AR of murder was defined by Lord Coke as ‘the unlawful killing of a human being under the Queen’s peace’.

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3
Q

3) Causation

A

The D’s act or omission must cause the death of V. Factual and legal causation must be proven.

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4
Q

4) MR of murder

A

The MR of murder is ‘malice aforethought, express or implied’ (Lord Coke). This means intention to kill (express malice) or intention to cause GBH (implied malice) (Moloney). Direct intent is where death or GBH was D’s main aim or purpose (Mohan). Indirect intent is where death or GBH is virtually certain and D realises this (Woolin).

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5
Q

5) Defences (only if relevant)

A
  • LOC

- DR

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6
Q

6) Conclusion

A

D potentially has both the AR and MR of murder & if convicted would be given a mandatory life sentence.

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