Murder

Question 1

definition of murder

Answer 1

where the D unlawfully kills another human being with intention to kill or cause GBH

Question 2

when can you kill someone lawfully?

Answer 2

self defence or in times of war

Question 3

when is a person classed as a human being?

Answer 3

born to brain death

Question 4

AR of murder

Answer 4

unlawful killing of a human being

Question 5

MR of murder

Answer 5

intention of serious harm or death

Question 6

if D only intended GBH can they still be found guilty of murder?

Answer 6

yes

Question 7

murder application question: what must you write about first after the definition of murder

Answer 7

causation - the D must cause the V’s death

Question 8

murder application question:what are the 3 points you have to talk about in ‘causation’?

Answer 8

1) factual causation - ‘but for’ test - (white)

2) legal causation - significant contribution - (kimsey)

3) any interveining acts?

Question 9

murder application question: factual causation - explain how to establish this/‘but for’ test

Answer 9

‘but for the D’s actions would the result of happened anyway?’

YES - D is not the factual cause

NO - D is the factual cause

Question 10

murder application question: explain legal causation and how to prove it

Answer 10

legal causation is about how much of a contribution the D has made to the Vs death

D must have made a significant contribution to the Vs death (more than a slight or trifyling link)

Although they do not have to be the main cause of death

Question 11

murder application question: what are the 6 interviening acts?

Answer 11

1) V’s own act/escape attempt - ‘reasonable and foreseeable’ (robert’s)

2) Bad medical treatment - ‘operating and substantial cause’ (cheshire)

3) Acts of a third party - ‘made contribution’ (pagett)

4) Thin skull rule - ‘you must take your V as you find them’ (blaue)

5) refusing medical treatment - ‘no legal obligation’ (holland)

6) Turning off life support - ‘D is liable if brain dead’ (malcherick and steele)

Question 12

meaning of ‘specific intent crime’

Answer 12

a criminal act that is carried out with the intent to achieve an additional purpose

e.g. burglary - entering a structure with intent to committing a theft or any felony

Question 13

murder application question: MR and which type

Answer 13

did the D have intention to kill or cause GBH

DIRECT INTENTION: if D intended to kill (mohan)

INDIRECT INTENTION: if D only intended GBH but V died (woolin)

Question 14

murder application question: test for indirect intention

Answer 14

virtually certain test (woolin):

1) was death or serious injury a virtual certainty? - objective test (pov of a reasonable person)

2) did the D realise this? - subjective test (pov of D)