Murder

Question 1

What’s the modern definition of murder?

Answer 1

unlawful killing with Malice Aforethought

Question 2

AR of murder

Answer 2

Unlawfully killing a reasonable creature in being under the kings peace

Question 3

What does unlawful mean +case

Answer 3

Unnecessary
R v Martin

Question 4

WHen does life begin + case

Answer 4

At birth
AG Ref (3 of 1994(

Question 5

When does life end? + case

Answer 5

At brain death
Malcherek

Question 6

Rule about withdrawing life sustaining treatment + case

Answer 6

Can be withdrawn from a patient in PVS w/. Courts permission + in patients best interest

Airedale NHS Trust v Bland

Question 7

Kings Peace rule + case

Answer 7

A country isn’t under the kings peace during war

DPP v Clegg

Question 8

Factual causation

Answer 8

But for
Pagett

Question 9

Legal causation

Answer 9

Operative and substantial test
SMith

Question 10

3 types of intervening acts + cases

Answer 10

3rd party Pagett
Victim Roberts/ Williams
Act of god

Question 11

Thin skull rule

Answer 11

R v Blaue

Question 12

MR of murder

Answer 12

Malice Aforethought

Question 13

2 layers of MR

Answer 13

Express or implied malice

Direct or oblique intention

Question 14

What’s Express malice

Answer 14

D intended to Kill

Question 15

What’s implied malice + case

Answer 15

D only intended GBH

Vickers

Question 16

What’s direct intention + case

Answer 16

Decision or aim to bring about the prohibited consequence

Mohan

Question 17

Oblique intention

Answer 17

Consequence is virtually certain from D’s actions and D knows this

Woollin

Question 18

Single transaction theory

Answer 18

MR 1st
R v Thabo Meli

Question 19

Continuing act

Answer 19

AR first
Fagan v MPC

Question 20

Transferred malice + 2 cases

Answer 20

Latimer

Pemblinton- not to another type of crime