Murder

Question 1

Definition

Answer 1

“Unlawful killing of a reasonable creature under the Kings peace with malice aforethought, express or implied” Lord Coke

Question 2

Killed basic cases

Answer 2

Causation - Pagett ‘but for’, Kimsey ‘more than a slight or trifling link’
Blaue - thin skull rule, take victim as you find them

Question 3

Cases where chain is broken through medical intervention (3rd party)

Answer 3

Smith - poor treatment made injury worse, but was still “operating” and “substantial” cause of death
Cheshire - complications with tracheotomy after V was almost healed, still didn’t break chain
Jordan - medication that patient was known to be allergic to given. Sufficiently independent

Question 4

Cases where victims own act breaks chain

Answer 4

Escape doesn’t break chain - Roberts, Marjoram
V’s act must be in proportion / reasonable - Williams
Refusing to treat wounds doesn’t break the chain - Dear

Question 5

What defences could be available to D

Answer 5

Self defence, loss of control, diminished responsibility,

Question 6

“Reasonable creature in being” cases

Answer 6

Malcharek - doctors can turn off life support without being criminally liable
Foetus must have “existence independent of its mother”

Question 7

“Queens peace”

Answer 7

Killing of an enemy in the course of war is not murder

Question 8

Cases for transferred malice

Answer 8

Latimer
Must be for same type of crime - Pembliton

Question 9

Is intent to gbh sufficient mens rea?

Answer 9

Yes - decided in Vickers, confirmed in Cunningham

Question 10

Is foresight of consequences intent?

Answer 10

No, only evidence from which it can be inferred - Moloney

Question 11

Questions from Matthews and Alleyne

Answer 11

1. Was death or serious injury a virtual certainty?
2. Did defendant appreciate that fact?