Murder

Question 1

what is lord cokes definition of murder?

Answer 1

unlawful killing of a reasonable creature in being under the kings peace with malice aforethought, either express or implied

Question 2

what is the modern definition of murder?

Answer 2

unlawful killing with malice aforethought

Question 3

what is the actus reas of murder?

Answer 3

unlawful killing of a reasonable creature in being under the kings peace

Question 4

what case defines it being “unlawful”?

Answer 4

R v Martin

Question 5

what does R v Martin define “unlawful” as?

Answer 5

use of necessary force in self defence may mean the killing is lawful

Question 6

what is the case that defines when life begins?

Answer 6

Attorney Generals Reference (No. 3 of 1994)

Question 7

what does AG Re (3 of 94) say about start of life?

Answer 7

a foetus must be fully expelled from the mothers womb and capable of an existence that is independent of mother

Question 8

what defines when end of life happens?

Answer 8

R v Malcherek and Steel

Question 9

what does Malcherek say about the end of life?

Answer 9

that the end of life is when all brain activity ceases

Question 10

which case talks about when people have a poor quality of life?

Answer 10

Airedale NHS Trust v Bland

Question 11

what is the legal principle of the bland case?

Answer 11

life sustaining treatment can be withdrawn from a patient in a persistent vegetative state (pvs) as long as the court has given permission AND it is in the PATIENTS BEST INTEREST

Question 12

what is the bonus case for when someone with a poor quality of life requests to be killed?

Answer 12

Tony Nicklinson

Question 13

what does “under the kings peace” mean?

Answer 13

when not at War

Question 14

what is the case for “under the kings peace”?

Answer 14

DPP v Clegg

Question 15

what does DPP v Clegg say about “under the kings peace”?

Answer 15

a country is only NOT under the kings peace when War has been DECLARED

Question 16

what is the mens rea of murder?

Answer 16

malice aforethought either express or implied

Question 17

what does express malice mean?

Answer 17

the defendant expressly intends to cause death

Question 18

what does implied malice mean?

Answer 18

the defendant intends to cause GBH (but actually causes death) (s18)

Question 19

what is the leading case for implied malice?

Answer 19

R v Vickers

Question 19

what is the legal principle of R v Vickers?

Answer 19

lord goddard: intention to cause GBH is sufficient mens rea for murder if v dies

Question 20

what is the case for direct intention?

Answer 20

R v Mohan

Question 21

what is the case for oblique intention?

Answer 21

R v Woollins

Question 22

what is the legal principle of R v Matthews and Alleyne?

Answer 22

that even if you pass the oblique intention test it doesn’t mean you definitely have it it’s just strong evidence that you do

Question 23

what are the 4 types of intent?

Answer 23

-express direct
-express oblique
-implied direct
-implied oblique

Question 24

what is the case for the single transaction theory?

Answer 24

R v Thabo Meli - mr before ar

Question 25

what is the case for continuing act?

Answer 25

Fagan v MPC - ar before mr

Question 26

what is the case for transferred malice?

Answer 26

R v Latimer

Question 27

what is the case for transferred malice not being able to be passed?

Answer 27

R v Pembliton