Murder

Question 1

Definition

Answer 1

Murder is the unlawful killing of a reasonable person in being under Queens peace with malice aforethought express or implied

Question 2

Defined by

Answer 2

Common law offence , Lord Coke

Question 3

Ar Proved that : Defendent killed

Answer 3

Actus Reus a positive act but can also be an omission Gibbons & Proctor

Murder = Result crime D is not guilty unless factual causation ‘ but for ‘ act or omission would D have died White
Is there a break on the chain Jordan
Legal causation - Was D more than minimal cause
Thin skull rule - Blaue

Question 4

AR A reasonable creature in being

Answer 4

A human being must be killed.A foetus must have an existence independent of the mother AG Ref N3 1994
Declaration of brain death is a test for death doctors can switch of life support without being liable for death - Malcherek
No time limit from when death occurs after an unlawful act ,where it’s more than 3 years need consent for prosecution

Question 5

AR Queens Peace

Answer 5

Killing of an enemy in course of war is not murder however a prisoner of war is enough AR

Question 6

AR killing was unlawful

Answer 6

If killing was in self defence or the den fence of another or prevention of crime and reasonable force was used it is not unlawful Conjoined Twins Excessive force is unreasonable as in martin