Murder

Question 1

Formula

Answer 1

AR + MR = Murder

Question 2

Origin

Answer 2

Lord Coke Murder Definition 17th Century
-mandatory life imprisonment
-s1 murder abolition of death/penalty act 1965

Question 3

Unlawful killing

Answer 3

-R v Gibbison and Proctor: act or omission
-Re A conjoined twins 2001: lawful
-Richard Brooks and Henry Vincent: self defence

Question 4

Reasonable Being

Answer 4

-Attorney general No4 1994 1997: foetus
-R v Inglis: not brain dead
-Malcherek Steel: legally dead

Question 5

Kings Peace

Answer 5

-Marine A: not at time of war

Question 6

Malice Aforethought

Answer 6

Intention: direct/indirect
Express: intention to kills
Implied: intention for GBH
Vertical Certainty Test: Woolin1998/baby

Question 7

Caused Death

Answer 7

Causation
-Factual: But For/R v White
De minimus rule/ R v Pagett
-Legal: significant and operating cause of death
Thin Skull rule: take them as you find them/ R v Blaue
Novus Actus Intervenius: intervening act