murder

Question 1

who defined murder and what is the definition?

Answer 1

lord coke as the unlawful killing of a reasonable creature in being under the kings or queens peace with malice aforethought

Question 2

what is the ar of murder

Answer 2

the unlawful killing of a reasonable creature in being under the kings or queens peace

Question 3

unlawful means

Answer 3

the killing must not be justiifed eg in self defence

Question 4

under the kings or queens peace means that

Answer 4

killing in the course of war is not murder

Question 5

a reasonable creature in being means

Answer 5

the death of a human being. this means brain stem death as in MALCHEREK

Question 6

killing a foetus is

Answer 6

not murder as it does not have an existence independent of the mother as in Attorney-General Reference(no 3 of 1994)

Question 7

the act or omission must the

Answer 7

factual and legal cause of death

Question 8

the mr of murder is

Answer 8

malice aforethought express or implied which means either an intention to kill or an intention to cause gbh implied

Question 9

mohan defined specific direct intention as

Answer 9

deciding to bring about a particular consequence

Question 10

woolin defined oblique indirect intention as

Answer 10

the consequence was a virtual certainty of the defendants actions and the defendant appreciated it. this is not intention itself but is evidence from which the jury may find intention as set out in Matthews and alleyne