murder

Question 1

murder definition

Answer 1

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

Question 2

unlawful killing

Answer 2

positive act or omission
r v gibbens and proctor- duty to act as a parent
r v pittwood- contractual duty
r v miller- creating a dangerous situation/ setting in motion a chain of events
r v dytham- public duty to act
r v stone and dobinson- assuming a duty to v

Question 3

reasonable person in being

Answer 3

r v poulton
must be independent from its mother to be deemed a human being- not a foetus

Question 4

under the kings peace

Answer 4

not during battle
r v page

Question 5

factual causation

Answer 5

r v white
r v pagett
‘but for’ d’s act or omission, v would not have died

Question 6

legal causation

Answer 6

r v smith
d’s act or omission was a more than minimal cause of death

Question 7

malice aforethought

Answer 7

s1 homicide act 1957
express or implied malice

Question 8

express malice

Answer 8

intention to kill

Question 9

implied malice

Answer 9

intention to cause v really serious harm, and v dies
r v vickers

Question 10

direct intent

Answer 10

r v mohan
express malice → d has a Desire, Aim, or purpose to kill
implied malice → d desires or aims to cause really serious harm

Question 11

oblique intent

Answer 11

r v woolin
express malice → d’s conduct is virtually certain to result in d’s death and d realises this
implied malice → d’s conduct is virtually certain to result in really serious harm and d realises this