Murder

Question 1

background of murder

Answer 1

common law offence
mandatory life sentence min 15 years
judge made law

Question 2

definition of murder

Answer 2

LJ Coke “Unlawful killing of any reasonable person being under the Kings peace, with malice aforethought, express or implied”
(Intention to kill or cause GBH)

Question 3

actus reus of murder

Answer 3

unlawful killing of a human being in the kings peace via act or omission
omission ( R v Gibbons+Proctor)

Question 4

stage 1 of murder AR

Answer 4

unlawful
no legal justification like self defence or medical reasons like switching off life support
life support(Airdale v Bland)
neseccity Re A conjoined twins=doctors can override power of attorney if in best interest of the patient

Question 5

stage 2 of murder AR

Answer 5

killing either by act or omission (R v gibbons+Proctor)
death occurs when the brain stem is dead (R v Malcheck + Steel)(R v Inglis)

Question 6

stage 3 of murder AR

Answer 6

reasonable person in being
must be independent of mother
AG ref No.3 1994

Question 7

stage 4 of murder AR

Answer 7

killing must be under the kings peace
not in war

Question 8

causation for murder

Answer 8

causation in fact (R v White)
causation in law= operating and substantial cause (R v Smith)

Question 9

Mens rea of murder

Answer 9

intent to kill or cause serious harm (r v Vickers)
if no direct intent can use oblique intent that death or serious injury was a virtual certainty and the defendant appreciated this as the case (R v Woolin)(R v Mathew and Allayne)