murder

Question 1

who created the current definition of murder

Answer 1

edward coke

Question 2

when was the current definition of murder created

Answer 2

17th century

Question 3

what is the definition of murder

Answer 3

the unlawful killing of a reasonable creature in being and under the kings peace with malice aforethought, express or implied

Question 4

what are the 5 actus reus of murder

Answer 4

unlawful
killing
of a reasonable creature in being
under the kings peace
within any country of the realm

Question 5

what are examples of lawful killings

Answer 5

execution
soldier/police in the corse of duty
medical profession
self defence

Question 6

give a case example of lawful killing as a police/soldier

Answer 6

clegg

Question 7

give a case of lawful killing by a medical professional

Answer 7

Re A
PVS airdale nhs trust v bland

Question 8

what does killing mean

Answer 8

and act/ommision
rules of causation apply
death as the consequence

Question 9

what is a reasonable creature in being

Answer 9

not a foetus
not someone brain dead

Question 10

give a case about a foetus and creatures in being

Answer 10

A-G ref (no 3 of 1994)

Question 11

give a case about brain dead and reasonable creature in being

Answer 11

malcherek

Question 12

what’s meant by the king’s peace

Answer 12

excludes the killing of an enemy soldier in time of war
not prisoners of war

Question 13

what’s meant by any country of the realm

Answer 13

murder and manslaughter and triable in england even if commuted abroad

Question 14

what’s the mens rea of murder

Answer 14

malice aforethought

Question 15

what’s the two types of malice

Answer 15

express malice
implied malice

Question 16

what’s express malice

Answer 16

intent to kill

Question 17

what’s implied malice

Answer 17

intent to cause GBH

Question 18

what’s the two parts of both malice

Answer 18

direct intent
oblique intent

Question 19

give a case of implied malice with direct intent

Answer 19

vickers

Question 20

give a case of implied malice with oblique intent

Answer 20

woollin

Question 21

give a case of express malice with direct intent

Answer 21

shipman

Question 22

give a case of express malice with oblique intent

Answer 22

nedrick