Murder

Question 1

Definition of murder

Answer 1

The unlawful killing of a reasonable person in being under the King’s peace with malice aforethought, either express or implied

Question 2

What classes as a lawful killing?

Answer 2

Self defence, at war

Question 3

Reasonable person in being

Answer 3

Born alive and breathing through its own lungs
R v Enoch

Question 4

Under the King’s peace

Answer 4

Not at war

Question 5

Express and implied malice aforethought

Answer 5

Express - Intent to kill
Implied - Intent to cause GBH

Question 6

Brain dead

Answer 6

The complete stopping of all brain function
R v Malchereck and Steel

Question 7

Factual causation

Answer 7

Whether an act directly caused a particular outcome
“But for” test
R v Pagett

Question 8

Legal causation

Answer 8

D’s act must be substantial to the consequence

Question 9

Significant contribution

Answer 9

More than the minimal cause
R v Smith

Question 10

Thin skull rule

Answer 10

D liable even if any factors that make the injuries more severe for them then a “normal” person
e.g - medical condition, allergies, failure to get treatment (Blaue)

Question 11

Third party

Answer 11

If a third party adds a “new and independent element”
R v Jordan

Question 12

Victims own act

Answer 12

If victim act in an unexpected way
D unliable
R v Roberts

Question 13

4th intervening act

Answer 13

A natural or unpredictable event

Question 14

Mens rea of murder

Answer 14

An intention to kill or intention to cause grevious bodily harm

Question 15

Direct

Answer 15

The actual result is the desired result
Always express m.a

Question 16

Indirect

Answer 16

Actual result goes beyond desired result
Always implied m/a
Virtual Certainty test - R v Woolin
1) Did d see a risk
2) If they did, did they go ahead and take it
= Yes, have mens rea