Murder

Question 1

What’s the (modernised) definition of murder from Lord Coke?

Answer 1

“The unlawful killing of a human being, with the intention to kill or to cause GBH”

Question 2

How do you apply murder in an exam question?

Answer 2

I: “Defendant (name) may be liable for murder…”
D: Define murder

ACTUS REUS
E: “It must be established that the D’s action were the factual and legal cause of V’s death”. Mention “but for” test (White).
A: Apply to scenario
E: Mention Legal causation “more than a slight or trifling link” (Kimsey)
A: Apply to scenario. If there are any causation issues apply these here.

MENS REA
E: Define Mens Rea. Explain both types of intention (Mohan and Woolin) then apply the one relevant to scenario
A: Apply to scenario. If there is a transferred malice or coincidence rule issue, put it in here and apply