Murder

Question 1

Defintion of Murder

Answer 1

Sir Edward Coke 1797
“Unlawful killing of a reaosonable man under the kings peace with malice aforethought express or implied”

Question 2

Causation in Fact

Answer 2

But for Test
Established in R v White

Question 3

R v White

Answer 3

Poisoned his mothers drink, however she died before the poision took effect.
Therefore no causation in law as But for Test failed
Convicted of Attempted Murder

Question 4

R v Pagett 1983

Answer 4

D shot at police officers and used a pregnant teenage girl as a human sheild
Police returned fire killing the girl.
Was held that neither the act of self-preservation, nor the execution
Convicted of Manslaughter

Question 5

Causation in Law

Answer 5

Requires the act to be substaintial and operating cause of death

Question 6

Thin Skull Rule

Answer 6

Take victim as you find them
Establsihed in Owens v Liverpool Corp

Question 7

R v Blaue 1975

Answer 7

V was stabbed, she was a jehovahs witness and did not accept a blood transfusion, this did not constitute Novus Actus Interveniens as thin skull rule was expanded to include beliefs.

Question 8

R v Inglis

Answer 8

Appellant appealed against conviction of Murder of her son. He had ended up in a permanent vegetative state after an accident. She became obsessed he was suffering and killed him to end it.
- Lord Chief justice held that the law does not distinguish between murder for mercy or malice.

Question 9

R v Vickers

Answer 9

Held that intent to cause GBH could constitute MR for Murder theough implied malice