Murder

Question 1

Define Murder

Answer 1

unlawful killing of a reasonable creature in being, under the Queens peace, with malice aforethought express or implied

• Lord Coke

Question 2

What are the 4 elements of the acts reuse of murder?

Answer 2

1) defendant killed
2) reasonable creature in being
3) queens peace
4) killing was unlawful

Question 3

defendant killed

Answer 3

Factual causation;
But for test (R v Pagett, R v White)

Legal causation:
De Minimus (Kimsey)
Thin Skull Rule (R v Blaue), 
Chain of Causation - 
- Gross Medical Treatment - (R v Jordan)
- Unreasonable Act - (R v Roberts)
- Natural Unpredictable event - (R v Hart)

Question 4

reasonable creature in being

Answer 4

not a foetus
not anyone with brain stem death (no activity)
R v Malacherek and Steel

Question 5

under the Queens Peace

Answer 5

not at war = murder

R v Blackmann
R v Adebalajo

Question 6

killing unlawful

Answer 6

not:

• self defence
• defence of other
• prevent serious crime

Question 7

what is the Mens Rea of murder

Answer 7

malice aforethought express or implied (R v Vickers)

express - intent to kill
implied - intent to cause serious harm

Direct - it was the main aim/desire (Mohan)
Oblique - not the main aim/desire but the outcome is virtually certain