Murder

Question 1

Definition

Answer 1

Man of sound memory and of age of discretion kills and creature under the kings peace with malice aforethought

Question 2

S50 children and young persons act

Answer 2

Child under 10 can’t be convicted of a criminal offence

Question 3

Ar

Answer 3

Unlawfully causes death of another person under the kings peace - beyond all reasonable doubt

Question 4

Beckford

Answer 4

Not unlawful under self defence
Unlawfuln

Question 5

Causes

Answer 5

Causation

Question 6

The victim

Answer 6

Human being

Question 7

Enoch and poulton

Answer 7

Need independence from mother

Question 8

Malcharek and steel

Answer 8

Life ends at brain death

Question 9

Dyson

Answer 9

Child fractured skull
Accelerating death

Question 10

Adam’s

Answer 10

Gives lethal dose of morphine. If purpose of medicine, can no longer be achieved the doctor must relieve pain and suffering even if leads to shorter life

Question 11

Moor

Answer 11

Even if death is VC if the doctors purpose is proper medical treatment then he can’t be liable

Question 12

Cox

Answer 12

Never legal to use drugs with primary purpose of hastening the moment of death

Question 13

Inglis

Answer 13

Mercy killings
Love doesn’t distinguish between murder for malevolent reasons and murder motivated by familial love. Is a mitigating factor

Question 14

S25 mental capacity act

Answer 14

An advance decision may be made to refuse life sustaining treatment by a patient and a doctor will commit no crime by allowing the patient to die naturally

Question 15

Conway

Answer 15

Challenge to suicide act. Argued was in violation of art 8 right to private and family life. ‘Institutionally inappropriate.’ It’s for parliament to change

Question 16

Keating and bridge man on mercy killings

Answer 16

Historically the plea of DR has been accepted by the prosecution in relation to long term careers who kill their terminally ill spouse with consent.
James Lawson allowed DR as also suffered depression and was ‘in an increasingly desperate state of mind over his daughter.’
Robert cook - kept promise not to call ambulance after wife suicide. Through love and affection carrying out wife’s wishes

Question 17

Kings peace

Answer 17

War time