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 one AR? (AR= ACTUS REUS)

Answer 2

It must be established that the D was the factual & legal cause of the V’s death.

Question 3

Describe Factual & Legal causation (+ cases)

Answer 3

Factual causation- But for test, but for the D’s actions, would the same result occurred anyway? (White)

Legal causation- Asks if the D was a significant contribution to the death, more than a slight or trifling link. (Kimsey)

Question 4

What are all the causation issues?

Answer 4

V’s own actions (Roberts)
Bad medical treatment (Cheshire)
V doesn’t seek medical help (Holland)
Acts of 3rd party ( Pagett)
Life support (Malcherick & Steel)
Think skull rule (Blaue)

Question 5

What is the Mens Rea for murder?
(The two types)

Answer 5

Intention to kill or cause GBH.
Two types:
Direct intention (Mohan)- aim, purpose & desire to kill.

Indirect (Woolin)- Virtual certainty test, was death/injury a VC ? Did the D realise this?