murder

Question 1

background information

Answer 1

most serious homocide is murder
indictable offence has to be heard in the crown court
common law offence which is made by judges
mandatory life sentence

Question 2

definition of murder

Answer 2

unlawful killing of a human being under the kings peace in any country of the realm with malice aforethought expressed or implied

Question 3

unlawful killing

Answer 3

unlawful means that a defence can make it lawful eg self defence
murder is result crime- victim must be dead and the defendants act or omission must have caused this

Question 4

causation

Answer 4

must be direct link from defendants conduct to the consequence
factual causation using but for test
legal causation (de minimis rule) more than a minimal cause and the thin skull rule
no intervening acts- natural and unpredictable event, act of a third party and victims own act
only needed for result crimes

Question 5

mens rea of murder

Answer 5

malice aforethought express or implied
express malice- intention to kill
implied malice- intention to cause GBH