Murder

Question 1

What is the first step of the murder model answer? (introductory sentence)

Answer 1

Prima facie, (D) will be charged with murder, contrary to common law because….[brief description of death of V].

Question 2

What is the second step of the murder model answer? (murder definition)

Answer 2

Lord Coke defined murder as “the unlawful killing of a human/ reasonable creature being under the Queen’s peace with malice aforethought”.

Question 3

What is the third step of the murder model answer? (AR)+(Human Queen)

Answer 3

The actus reus of murder can be committed by either a positive voluntary act, or by an omission, as in Gibbins and Proctor. Here the [PVA or Omission] of …[describe D’s actions] is enough to satisfy the actus reus of murder.

Human being (AG’s Ref No.3 1994) & Queen’s peace (Page) are both satisfied.

Question 4

IF RELEVANT (what can be step 4?)

Answer 4

ONLY IF RELEVANT: (If there are causation issues):

Factual causation is satisfied because but for D .[apply but for test].. V would not have died (White).

The de minimis test is satisfied because when D .[describe D’s actions].., he contributes to V’s death in a more than minimal way (Pagett/ Kimsey).

Question 5

What instances can break the chain of causation? (with cases)

Answer 5

V’s actions - V’s actions were reasonable/foreseeable so do not break the chain (Roberts).

Third party - Medical negligence – not ‘palpably wrong’ (Jordan)

Third party other than negligence – were the actions of a third party so independent from D’s that D should not be responsible (Cheshire).

Thin Skull rule : V’s pre-existing medical condition/religion/other relevant characteristic does not break the chain as D must take V as he finds them (Blaue)

Question 6

What is the fifth step of the murder model answer? (MR)

Answer 6

The mens rea of murder is ‘malice’ aforethought. This can be expressed malice, with intention to kill, or as outlined in Vickers, implied malice (where D has intention to cause GBH) is sufficient. R v Cunningham emphasises that there is no need for D to have intended to kill or endanger life’.

Question 7

What is the sixth step of the murder model answer? (intention)

Answer 7

Here D have [choose expressed or implied and then apply to scenario]. You may also wish to choose direct or oblique. REMEMBER FOR INCREASED MARKS, DISCUSS WHY YOU HAVE CHOSEN ONE OVER THE OTHER.

Question 8

What is the concluding sentence?

Answer 8

Therefore, D has both the AR and MR of murder, and will be guilty of this offence, unless a defence applies.