Murder

Question 1

What is Lord Cokes 17th century definition of murder?

Answer 1

Murder is the unlawful killing of a reasonable person jn being and under the kings peace with malice aforethought, express or implied

Question 2

What are the 3 elements of murder

Answer 2

Unlawful killing
A reasonable person
Under the kings peace

Question 3

What is an omission

Answer 3

Failure to act

Question 4

What act abolished the common law rule that the victim must die within a year and a day of the injury

Answer 4

Law reform act 1996

Question 5

What are exams of a lawful killing

Answer 5

War, turning off life support, self defence

Question 6

How do you prove self defence

Answer 6

The fact that the d had only done what he honestly thought and instinctively thought was necessary in a moment or unexpected anguish is very strong evidence that the defensive action taken was reasonable

Question 7

What is meant by a reasonable person in being?

Answer 7

A human must be killed. Not a feutus or someone whom is already brain dead

Question 8

What happens if a unborn baby is killed due to do ds act

Answer 8

The child has to have an existence independence of the mother in order to be considered a person in being, meaning it must be expelled from her body and have independent circulation

Question 9

Does switching off someones life support machine make you liable for murder?

Answer 9

Doctors are allowed to switch off life support machines without being held liable, it is possible that courts may decide that if someone switches off a life support machine, not as a medical decision but intending to kill the victim, they could be guilty of murder

Question 10

What is meant by under the queens peace?

Answer 10

Killing of an enemy in the course of a war is not murder, however the killing of a prisoner of war would be sufficient for the actus reus of murder

Question 11

What did a new point of law state about unborn babys with murder

Answer 11

Anyone causing unlawful injury to a foetus or a pregnant women which eventually causes the death of the child may face manslaughter or murder charges

Question 12

Who would decide the outcome of murder of a unborn baby

Answer 12

House of lords because its a redirection of law

Question 13

What is factual causation

Answer 13

But for test

Question 14

What is the definition of mens rea

Answer 14

Malice aforethought express or implied

Question 15

Who made the definition of mens rea

Answer 15

Lord coke

Question 16

What is meant by direct intention

Answer 16

Ds aim or purpose to cause a certain result which then occurs

Question 17

What is meant by indirect or oblique intentjon

Answer 17

Acted without purpose or desire but where the harmful result of his conduct was foreseen at a very high probability

Question 18

What are the two types of malice aforethought

Answer 18

Express and implied

Question 19

What is meant to be express malice aforethought

Answer 19

Intention to kill

Question 20

What is meant by implied malice aforethought

Answer 20

Intention to cause grievous bodily harm

Question 21

What is foresight or consequence

Answer 21

Regards whether the consequences of committing an action were foreseeable to the defendant

Question 22

What is virtual certainty test

Answer 22

Was death or serious injury a virtual certainty as a result of ds actions

Question 23

In an exam scenario question, list all the things you should mention in order.

Answer 23

Lord cokes definition, definition of actus reus, mens rea malice aforethought express or implied, direct or oblique intention, define causation, factual and legal, mandatory sentence if met murder, conclude whether liable