Murder

Question 1

defined

Answer 1

Sir edward coke 1797

Question 2

Causing

Answer 2

usual causation

Question 3

Unlawful death

Answer 3

All death unlawful unless doctor withdrawing treatment (Airedale NHS trust)
Or valid defence (Re A)

Question 4

Of a human being

Answer 4

Foetus not classed as human being (Ag 3 of 94)
Life ends at brain sem death (malcherek)
Brain damage still human (inglis)

Question 5

Under kings peace

Answer 5

Outside of wartime, solider outside battle still guilty (clegg)

Question 6

Mens rea

Answer 6

Malice aforethoight meaning:
Intention to kill ‘express malice’
Intention to Commit GBH ‘implied malice’ ‘R v Vickers/ cunningham’
Can be direct or oblique