Murder

Question 1

Who came up with definition of Murder

Answer 1

c.17 Lord Coke - Elizabethan Jacobean era

Question 2

Unlawful

Answer 2

Beckford

Question 3

Killing

Answer 3

Ds act must cause V death

Question 4

Omissions

Answer 4

do not give rise to liability unless there is duty to act

Question 5

Duty if D voluntarily assumes duty

Answer 5

Stone v Dobson

Question 6

Because of a relationship

Answer 6

Gibbins v Proctor

Question 7

D created dangerous situation

Answer 7

Miller

Question 8

Factual Causation

Answer 8

but for D act would V have died (White)

Question 9

Legal Causation

Answer 9

More than a slight or trifling link (kimsey) More than a minimal cause (Cato)

Question 10

Vs own act may break chain if they are daft

Answer 10

Williams

Question 11

If V acts in reasonably foreseeable way it will not

Answer 11

Roberts

Question 12

Overwhelming failure in medical treatment

Answer 12

Jordan

Question 13

Thin skull

Answer 13

Blaue

Question 14

Reasonable creature in being

Answer 14

AG ref no 3 of 1994-foetus isn’t reasonable creature in being.

Question 15

Under the Queen’s peace

Answer 15

it is not murder to kill enemy during war R v Page

Question 16

Mens Rea

Answer 16

malice aforethought express or implied

Question 17

Express malice

Answer 17

Intention to kill

Question 18

Implied Malice

Answer 18

intention to cause GBH DPP v Smith Vickers

Question 19

Direct intention

Answer 19

Mohan , D’s aim purpose or desire/ making a decision

Question 20

Direct intention

Answer 20

Mohan , D’s aim purpose or desire/ making a decision bring about the criminal consequence (for murder kill or cause GBH)

Question 21

Oblique

Answer 21

Jury can find intention if death or serious injury is virtually certain as a result of D’s actions and D knows this (Woollin)

Question 22

Transfered Malice

Answer 22

if D intends to commit the crime against a different victim Mr can be transferred from the intended to to the actual victim. Latimer

Question 23

Coincidence Rule

Answer 23

AR&MR must happen at the same time for D to be guilty. Where there are a series of events if D has MR at any point D may be liable. Thabo Meli