murder

Question 1

What is the actus reus of murder?

Answer 1

1. Unlawfully killed
2. Human being
3. Under the kings peace
4. Caused the death

Question 2

Explain ‘unlawfully killed’ as part of the actus reus of murder.

Answer 2

could be via and unlawful act or omission.

Question 3

What is the case to prove ‘unlawfully killed’ as part of the actus reus of murder?

Answer 3

Gibbons v Proctor:
intentionally starved daughter to death.

Question 4

Explain ‘human being’ as part of the actus reus of murder.

Answer 4

proven V is human e.g. lives in a house

‘brain stem’

Question 5

Explain ‘under the kings peace’ as part of the actus reus of murder.

Answer 5

whilst we are not at war

Question 6

Explain ‘caused the death’ as part of the actus reus of murder.

Answer 6

causations - factual, legal, novus actus interveniens

Question 7

What is the mens rea of murder?

Answer 7

malice aforethought express or implied

Question 8

Explain ‘express’ as a part of the mens rea of murder.

Answer 8

intent

Maloney:
‘a true desire to bring about the consequence of’

Question 9

Explain ‘implied’ as a part of the mens rea of murder.

Answer 9

indirect

when D intends one outcome, but another occurs.

Woolin/Nendrick decision