Murder

Question 1

where does the definition for murder come from

Answer 1

Sir Edward coke

Question 2

definition for murder

Answer 2

unlawful killing of reasonable person in being + under the
King’s Peace, w/ malice aforethought, expressed/
implied so party wounded, or hurt, die within a year + a
day.

Question 3

what is murder

Answer 3

common law offence
indictable offence
mandatory life sentence
requires A/R and M/R

Question 4

actus reus for Murder

Answer 4

‘unlawful killing of a human being’

Question 5

what are the 5 components of the A/R for murder

Answer 5

unlawful
killing
human being
kings peace

Question 6

outline ‘unlawful’ as a component of the A/R for murder

Answer 6

absence of a defence
a killing can be lawful (i.e. self defence)

Question 7

outline the case law for ‘unlawful ‘as a component of the A/R of murder

Answer 7

R V Clegg

Question 8

outline ‘killing’ as a component of the A/R for murder

Answer 8

meaning ‘causing death’ could be an act or omission

Question 9

outline ‘human being’ as a component of the A/R for murder

Answer 9

foetus is only ‘human’ when ‘expelled from mothers body’

Question 10

outline ‘kings peace’ as a component of the A/R for murder

Answer 10

killing of an enemy in course of war = not murder

Question 11

what is the mens rea for murder

Answer 11

‘malice aforethought ,expressed or implied’

Question 12

what does malice..expressed or implied’ mean

Answer 12

expressed - intention to kill
implied - intention to cause GBH

Question 13

what did the case of Vickers decide in relation to murder

Answer 13

D has mens rea for murder if he has expressed/implied malice
- can be guilty of murder even if he did not intend to kill