Murder

Question 1

What is homocide?

Answer 1

The killing of another human being

Question 2

Difference between murder and manslaughter?

Answer 2

Murder - specific intent
Manslaughter - basic intent

Question 3

Murder definition

Answer 3

“Where a person of sound memory and of the age of discretion unlawfully murders a reasonable creature in being under the King’s peace with malice aforethought”

Question 4

Sound memory

Answer 4

The person responsible must not be insane

Question 5

Age of discretion

Answer 5

less than 10 years old not criminally responsible - no criminal record

Question 6

Living human being

Answer 6

foetus not deemed as living
murder conviction possible if foetus injured, and dies after birth as a result of the injuries sustained in the womb (Attorney-General’s Reference 1996)

Question 7

(Attorney-General’s Reference (NO.3 1994) 1996

Answer 7

foetus injured, and dies after birth as a result of the injuries sustained in the womb

Question 8

R v Malcherek and Steel

Answer 8

Causation
GBH, doctor, respirator

Question 9

Mandatory life sentence

Answer 9

15-30 years depending on aggravating and mitigating circumstances

Question 10

Whole life order

Answer 10

Rest of the criminals life is spent in prison

Question 11

Malice aforethought

Answer 11

since R v Moloney MR is intention to kill or cause GBH

Question 12

mens rea

Answer 12

mens rea is malice aforethought - intention to kill or cause GBH

Question 13

Actus reus

Answer 13

killing is unlawful, factual and legal causation must be established, and victim must be a human being

Question 14

R v Vickers

Answer 14

if defendant intends GBH and die from injuries, its enough for murder

Question 15

Direct intent

Answer 15

D desires, aim and purpose

Question 16

R v Mohan

Answer 16

direct intent is aim or purpose

Question 17

Indirect or oblique intent

Answer 17

not what desires but what he forsees will almost certainly happen

Question 18

R v moloney

Answer 18

forsight is merely evidence from which intent can be found
drunken game led to fathers death

Question 19

R v Nedrick

Answer 19

forsaw death or serious injury as a virtual certain circumstance of his/her actions

Question 20

main issue with indirect intent?

Answer 20

what the defendant actually forsaw and intended, not what he should have forseen or intended

Question 21

r v woolin

Answer 21

confirmed nedrick test, must now always be used

Question 22

r v matthew and alleyne

Answer 22

defendants forsight does not automatically require jury to find intention, merely evidence which the jury may draw from

Question 23

Doctors and euthanasia

Answer 23

Intending good effect sufficient to permit bad effect

Question 24

Re A 2001

Answer 24

NL when necessity