murder

Question 1

murder definition

Answer 1

the unlawful killing under the kings peace with malice aforethought

Question 2

unlawful killing case

Answer 2

malcherek

Question 3

what sentence does murder carry

Answer 3

a mandatory life sentence

Question 4

the killing must be unlawful so

Answer 4

if in self defence not murder

Question 5

D must be the cause of death case

Answer 5

malcherek

Question 6

Ags ref No.3 1994

Answer 6

victim must be of a human being who has taken independent breath

Question 7

Blackman

Answer 7

the killing must be under the kings peace

Question 8

what does the actus reus of murder require

Answer 8

D cause the death of the victim through voluntary act or omission

Question 9

D cause the death of the victim through voluntary act or omission case

Answer 9

Gibbons v proctor

Question 10

a specific intent crime the mens rea can only be satisfied by

Answer 10

intention which can be direct D aim or purpose (Mohan) or or oblique when d saw the consequences as a virtual certainty (nedrick;woolim)

Question 11

Mohan

Answer 11

aim or purpose

Question 12

Nedrick and woolim

Answer 12

l oblique when d saw the consequences as a virtual certainty

Question 13

(Mathews and alleyne)

Answer 13

.Foresight of consequence is not automatically intention but strong evidence from which the jury can decide if there’s intention

Question 14

when COULD transferred malice apply plus case

Answer 14

if the intention is mistakenly directed at an unintended victim (latimer pembilton).

Question 15

what must AR a and MR do for there to be a crime transferred malice

Answer 15

coincide

Question 16

.This will apply is there is sequence of events or continuing acts when the actus reus and mens rea do not occur at the same time
cases

Answer 16

(thablo meli, Fagan vs Moc)

Question 17

statutory duty case

Answer 17

S.1 children and young persons act 1933

Question 18

special relationship

Answer 18

gibbons and protractor

Question 19

assumption of responsibility

Answer 19

stone dobison

Question 20

dangerous events

Answer 20

r v miller

Question 21

contractual duty

Answer 21

r v pittwood

Question 22

official position

Answer 22

r v dytham

Question 23

factual causation def

Answer 23

established in the but for test. This asks whether but for the actions of d the consequences would have occurred r v white

Question 24

r v white

Answer 24

but for test

Question 25

what are the 3 intervening acts

Answer 25

act of god
third party
victim

Question 26

de mininimus principle case and definition

Answer 26

.The actions of the defendant do not need to be the sole cause or event,but the main cause of the consequence must have made a mininimal contribution (pagett)

Question 27

what must the victim do to break the chain plus case

Answer 27

Daft and unexpected (Roberts)

Question 28

Williams and Davis

Answer 28

the jury had to consider whether the reaction of the victim was within the range of responses that could have been expected.

Question 29

what must a third person do plus case

Answer 29

rend the defendants actions insignificant something so independent of the defendant’s actions as to be regarded as the cause of the consequence (Cheshire; Pagett)

Question 30

act of god is what

Answer 30

This would be a natural event or disaster that causes further harm to the victim and must operate as the main cause of consequence

Question 31

R v Blaue Thin skull rule

Answer 31

the extent of harm suffered by the victim may be much more severe due to pre existing conditions. This includes the “full man”, both physical and psychological conditions. The Defendant must “take the victim as he finds them”, and is liable to be responsible for the full extent of harm caused.