murder

Question 1

cokes definition

Answer 1

unlawful killing of a reasonable creature in being under the kings peace with malice aforethought

Question 2

AR of murder

Answer 2

unlawful killing of a reasonable creature in being under the kings peace

Question 3

MR of murder

Answer 3

with malice afore thought

Question 4

unlawful killing

Answer 4

a non legally justified killing

Question 5

of a reasonable creature in being

Answer 5

AG No3- when a child is born alive completely outside the mother
a feutus is not a person

Question 6

under the kings peace

Answer 6

not during war

Question 7

malice afore thought

Answer 7

intention to kill or cause GBH
oblique- R v Nedrick
indirect- R v woolin
(death or serious injury was a virtual certainty)

Question 8

to kill

Answer 8

murder is a result crime so causation must be proven
factual- r white
legal- r v smith
intervening acts?
R v Malcherek- a year and a day rule

Question 9

to cause GBH

Answer 9

wounding or serious bodily harm
Cunningham

Question 10

defining murder

Answer 10

not defined in stautes so it is a common law offence

Question 11

sentence

Answer 11

mandatory life sentence