MURDER

Question 1

what is the definition of murder?

Answer 1

The unlawful killing of a human being with the intention to kill or cause GBH.

Question 2

what is stage 1 of the actus reus for murder?

Answer 2

Is the D the factual cause of the V’s death?
• But for test - WHITE
“But for the D’s actions, would the result have happened anyway?”

Question 3

what is stage 2 of the actus reus for murder?

Answer 3

Is the D the legal cause of the V’s death?
• Significant contribution - KIMSEY
“Was the D more than a slight or trifling link to the result?”

Question 4

what is stage 3 of the actus reus for murder?

Answer 4

Are there any causation issues?
•PAGETT - 3rd part acts
•BLAUE - Think skull rule
•MALCHERIK & STEELE - Life support
•ROBERTS - V’s own acts
•HOLLAND - Refusing treatment
•CHESHIRE - Bad medical treatment
- You have then committed the actus reus.

Question 5

what is the mens rea for murder?

Answer 5

The mens rea of murder is the intention to kill or cause GBH.

Question 6

what type of intention is it if the D intended to kill?

Answer 6

Direct Intent - It was D’s aim, purpose and desire to kill the V.
• MOHAN.

Question 7

what type of intention is it if the D intended to cause GBH but the V died?

Answer 7

Indirect Intent - Apply the virtual certainty test:
•WOOLIN
1) Was death or serious injury virtually certain - Objective
2) Did the D realise this? - Subjective