Murder

Question 1

Definition of murder

Answer 1

The unlawful killing of a reasonable person in being under the King’s peace with malice aforethought, express or implied

Question 2

Actus Reus
The killing must be….

Answer 2

The killing can be through a positive act or an omission

The killing must be unlawful (not in self defence)

The killing was of a human

The killing was not during a war

The killing caused death

Question 3

What is the case for ‘the killing can be through a positive act or omission’

Answer 3

R v Gibbons and Proctor 1918

Question 4

R v Gibbons and Proctor

Answer 4

Ds guilty of murder for failing to feed their daughter.
They owed a duty through a special relationship

Question 5

What’s the cases for ‘the killing must be of a human being’

Answer 5

Attorney Generals reference (No 3 of 1994)(1997)
Airedale NHS Trust v Bland 1993

Question 6

Attorney Generals reference (No 3 of 1994)(1997)

Answer 6

HOL stated that if a foetus is injured and the child is then born alive but later dies as a result of the injuries then a human being will have been killed and can satisfy the definition of murder.

Question 7

Airedale NHS trust v Bland

Answer 7

Where a patient is in PVS, doctors must get the courts to sanction switching off life-support machines

Question 8

What does ‘the killing must not be during a war’

Answer 8

‘Under the kings peace’ simply means the killing of an enemy in the course of war is NOT murder. But the killing of a prisoner of war would be sufficient of the actus reus of murder.

Question 9

What does ‘causation must be proven’ mean

Answer 9

Murder is a result crime, so causation must be proven.

Question 10

What is the mens rea of murder

Answer 10

Malice aforethought and there are two versions:
Express malice aforethought or implied malice aforethought

Question 11

What does express malice aforethought mean?

Answer 11

This means INTENTION TO KILL
It can be direct- R v Mohan
Or indirect or oblique- Moloney; Nedrick; Woollin; Matthews

Question 12

What does implied malice aforethought mean

Answer 12

This means the INTENTION TO CAUSE GBH
Therefore, a D can be guilty even if they did not have the intention to kill the V.
This was decided in the case of Vickers 1957

Question 13

Vickers

Answer 13

COA upheld Ds conviction for murder.
If a D intends GBH and V dies then this has always been sufficient to imply malice aforethought

Question 14

R v Inglis 2011

Answer 14

Mercy killing is murder