Murder

Question 1

What act does murder fall under?

Answer 1

The homicide act 1957

Question 2

Who is capable of committing murder?

Answer 2

-A human being
-Must be 10 years old or older
-Must be of a sound mind

Question 3

Who can be murdered and what case affirms this?

Answer 3

Only a human being can be murdered, and the case that affirms this is R v Bland where it states death is when the brain no longer operates.

Question 4

Causation, what types of causation are there?

Answer 4

Factual and legal causation

Factual causation - But for test (R v White) - But for the defendants actions

Legal causation - Must be substantial in causing the death of V
No break in the chain of causation

Question 5

The prosecution must prove D’s intention to kill, what test affirms this?

Answer 5

Direct intention and Indirect intention
-Indirect intent is affirmed by the Woolin test - If D’s actions were virtually certain to lead to death and whether D recognised this virtual certainty.