Murder

Question 1

What is the definition of murder

Answer 1

The Unlawful killing of a human being under the kings peace with malice aforethought express or implied

Question 2

What are the 4 elements or murder

Answer 2

1. Unlawful killing
2. Human being
3. Under the kings peace
4. Causation (malice aforethought, express or implied)

Question 3

What is the AR of murder

Answer 3

1-3
1. Unlawful killing- omission or positive act- must be a duty if an omission
2. Human being- reasonable person in being that can survive on its own (foetus isn’t)
3. Kings peace- not in war (page)

Question 4

What is the year and a day rule

Answer 4

The law reform sets no limit on when a death can occur after the unlawful act.
If more then 3 years after the attack then the attorney general consent is needed for prosecution

Question 5

What is causation for murder

Answer 5

Factual- but for test (white)
Legal- D actions was more then the minimal cause of Vs death and was the operating and substantial cause (smith)

Question 6

intervening acts

Answer 6

1. act of 3rd party (R v Smith)
2. v’s own actions (R v Cheshire)
3. act of god (R v Roberts)
   think skull rule- d must take v as they find them (Blaue)

Question 7

what is the MR of murder

Answer 7

malice aforethought
1. express malice, d intend to kill v
direct intent, d aims to cause death (Mohan)
oblique intent- virtual certainty from d actions (Woolin)
2. implied malice, d intends to cause GBH and v dies