murder

Question 1

what is murder?

Answer 1

unlawfully killing a human being under the queen’s peace with malice afourethought express or implied

Question 2

actus reus of murder

Answer 2

unlawfully killing a human being under the queen’s peace

Question 3

mens rea of murder

Answer 3

malice afourethought (intention to kill/do GBH)

Question 4

unlawfully

(murder ar)

Answer 4

refers to whether the defendant has a lawful excuse for the killing
- self defence (r v martin - in this case didnt work)
- armed forces
- duress NOT a defence
- necessity - dudley and stephenson and Re A - NOT a defence

Question 5

kiling

(murder ar)

Answer 5

Can be an act or an omission (Gibbons and Proctor – failed to care for daughter)

Causation – as murder is a result crime, must show D killed V (caused death of V)

• Factual – “but-for test” Pagett/White - but for D’s actions would V be dead
• Legal – “more than a slight or trifling link” between D’s actions and V’s death – Kimsey
• No intervening acts (any of three categories)
• ‘thin skull rule’ - If V has a particular characteristic which makes death more likely, this will NOT break the chain of causation.

Question 6

human being

(murder ar)

Answer 6

• Must be a human being – cannot be an animal (animal cruelty laws)
• AG’s Reference No 3 1994 (1997) – man stabbed pregnant girlfriend. Baby born prematurely at 7 months and died 4 months later. Acquitted of murder of child – legal point = foetus not a human being
• Commonly accepted that “brain-stem” or “brain-dead” death is real death

Question 7

under the queen’s peace

(murder ar)

Answer 7

• killing an enemy in time of war under warfare rules is not murder
• killing enemy civilians could still be murder

Question 8

malice afourethought

(murder mr)

Answer 8

• intention to kill/GBH
• ^ express and implied

Question 9

express and implied malice

Answer 9

Express malice is a clear intention to kill - Calhaem (hired hitman)

Implied malice is intention to do GBH (but actually results in death) - Vickers – D burgled V’s shop (V blind). V discovered D and D beat V badly. D guilty of murder

Question 10

direct intent

Answer 10

Direct intent is where death/GBH is the defendant’s purpose and they set out to bring it about – Mohan

Question 11

oblique intent

Answer 11

Oblique intent - D intended something else but death occurred. Test is found in Section 8 CJA (1967) – FOC test –
Nedrick - ‘virtual certainty test’ - was death a virtual certainty of D’s actions?
Woollin - threw baby against wall

Question 12

murder - transferred malice

Answer 12

Where D intended to commit the offence on one person but he actually commits it on another.

latimer