Murder

Question 1

Lorde Coke (1971) - important

Answer 1

Murder is the “unlawful killing of a reasonable creature in being under the King’s peace with malice aforethought, Express or implied”

Question 2

Sentencing Act 2020 - Important

Answer 2

Murder carries a mandatory life sentence, with Whole-life orders for “exceptionally” serious murders, a minimum term of 300 years for “particularly” serious murders and a minimum of 15 years for other less serious events.

Question 3

R v Gibbins and Proctor (1918) - important

Answer 3

Murder can be by an act or omission eg deliberately not feeding a child.

Question 4

R v Vickers (1957) - important

Answer 4

Intent to cause GBH is enough for men’s Rea of murder - this is the meaning of “implied malice aforethought”

Question 5

Law Reform 1996

Answer 5

There is no time limit on how long after D’s acts or omissions V can die for D to still be liable for the death.

Question 6

Attorney-General’s Reference no 3 of 1994

Answer 6

A “reasonable creature in being “ is a person who is born alive and breathes independently. A murder charge can be brought if a foetus is injured and the child born alive, but later dies of their injuries.

Question 7

R v Woollin (1998)

Answer 7

The Woolilin test of intention applies to murder. If D didn’t make a decision to kill or cause GBH, they can still be liable if death or GBH was a ‘virtual certainty’ as a result of D’s actions and D appreciated this was the case