Murder

Question 1

Murder definition

Answer 1

‘Where a person of sound memory and of the age of discretion unlawfully kills any reasonable creature in being, under the kings peace, with malice aforethought’

Question 2

R V Malcherek and Steel

Answer 2

Must be the main act contributing to death - doctor turning off respirator due to your actions is not murder

Question 3

R V Moloney

Answer 3

Mens rea of murder - to kill or cause GBH

Question 4

Actus reus

Answer 4

Factual and legal causation

Question 5

R V Vickers

Answer 5

Mens rea for gbh enough for murder

Question 6

R V Mohan

Answer 6

Direct intent

Question 7

R V Moloney

Answer 7

Foresight is merely evidence from which intention can be found

Question 8

R V Nedrick

Answer 8

Foresight of outcome as a virtual certain consequence of his voluntary actions

Question 9

R V Woollin

Answer 9

Confirms nedrick test

Question 10

R V Matthew and Alleyne

Answer 10

Foresight of virtual certain death is merely evidence of intention

Question 11

Re A 2001

Answer 11

Defence of necessity when saving a life and in tandem causing a death

Question 12

Manslaughter (2)

Answer 12

-voluntary (coroners and justices act 2009)
-involuntary-unlawful act
-gross negligent