Murder

Question 1

Definition

Answer 1

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

Question 2

Stage 1 Actus reus

Answer 2

must be established that the killing was unlawful

Question 3

stage 2:

Answer 3

must be established that the victim is considered a human being because they have an independent existence outside of the womb

Question 4

stage 3:

Answer 4

must be established that the D’s actions were the factual and legal cause of the victims death

Question 5

Factual causation

Answer 5

‘But for the defendants actions, would the result have happened anyway?’ (White)

Question 6

Legal causation

Answer 6

was the D ‘more than a slight or trifling link’ to the result (Kimsey)

Question 7

stage 3 causation issues

Answer 7

V’s own actions, doesnt seek medical treatment, bad medical treatment, life support, natural but unpredictable event, thin skulls rule

Question 8

Mens rea

Answer 8

The mens rea of murder is the intention to kill or cause GBH
-Direct intent ‘Ds aim, purpose and desire to kill the victim’ (Mohan)
-Indirect intent ‘apply the virtual certainty test’ (Woolin)
transferred malice or coincidence rule

Question 9

Virtual certainty test

Answer 9

1) was death or serious injury a virtual certainty
2) Did the D realise this