Murder

Question 1

What is the definition of murder?

Answer 1

‘Where a person of sound memory and of the age of discretion unlawfully kills any reasonable creature in being, under the King’s peace, with malice aforethought’

Question 2

What is the Actus Reus for murder?

Answer 2

-‘But for’ test
-unlawful
-reasonable creature in being
-sound memory
-under kings peace?
-age of discretion

Question 3

What is meant by sound memory?

Answer 3

Must not be insane or under the influence of alcohol or drugs

Question 4

What is meant by the age of discretion?

Answer 4

Over the age of 10

Question 5

What is classed as an unlawful killing?

Answer 5

Not an execution or self defence

Question 6

What makes a human being living?

Answer 6

They must be born and not a foetus

Question 7

Is a conviction possible if a foetus is injured and dies after it is born due to the complications caused by the injury?

Answer 7

Yes (Refer to The Attorney-Generals Reference (No3,1994)1996

Question 8

Is it classed as murder if the person is dead at the time of attack?

Answer 8

No would be attempted murder

Question 9

What case relates to causation with murder?

Answer 9

R v Malcherek and Steel says that a doctor is not a murderer as wouldn’t have needed life support without harm

Question 10

What is meant by The Kings Peace?

Answer 10

Not murder if kill enemy during war time

Question 11

What is the Men’s Rea for murder?

Answer 11

Malice aforethought

Question 12

What is meant by Malice aforethought?

Answer 12

The intention to kill or cause GBH

Question 13

What case relates to Malice aforethought?

Answer 13

R v Vickers - victim died of multiple injuries, even though intended GBH still murder as died of injuries

Question 14

What are the two forms of intent?

Answer 14

Direct and indirect

Question 15

What is direct intent?

Answer 15

If it is the defendants aim or purpose

Question 16

What case confirms you can have direct intent for murder?

Answer 16

R v Mohan

Question 17

What is indirect intent?

Answer 17

Don’t desire it too happen but is foreseeable

Question 18

What case relates to indirect intent murder?

Answer 18

R v Moloney Drunk game lead to death - foresight is merely evidence from which intention can be found

Question 19

What test is used when direct intent is not present?

Answer 19

The Nedrick test

Question 20

What does the Nedrick test say?

Answer 20

The defendant should have foreseen death or serious injury as a virtual certain consequence of his or her actions

Question 21

What two cases confirm the Nedrick test?

Answer 21

R v Woolin
R v Mathews and Alleyne (evidential test)

Question 22

If a doctor has the intention to cause death and their actions do is it murder?

Answer 22

Yes

Question 23

If the action of a doctor is good in itself but causes death is it murder?

Answer 23

No