Murder

Question 1

All steps?

Answer 1

A) AR
B) Causation
C) MR
D) Conclusion

Question 2

Intro is…?

Answer 2

Definition

Question 3

Definition of + case?

Answer 3

Murder is the unlawful killing of a human being under the kings peace with malice aforethought express or implied by law.
No case.

Question 4

Step 1?

Answer 4

AR

Question 5

3 things for step 1+ cases?

Answer 5

A) Can be omission or positive act. A killing is not a muder if deemed lawful - turning off life support (Malcharek) or operating to save one patient but killing another (Re A.)
B) Human being - a foetus is not a human being (AGs Ref No.3 1994) - any person who can survive independantly from its mother.
C) Kings Peace - D has not killed V in battle (Page) anyone under kings peace is entitled to live in peace, at war they are not uncer peace.

Question 6

What is Step 2?

Answer 6

Causation

Question 7

4 things for step 2+ cases?

Answer 7

A) Factual - “but for” Ds action harm woudnt occur. (White)
B) Legal - more than minimal and the operational and substantial.
C) Intervening acts -
Act of a third party (Smith) but must be extra ordinary for medical negligent.
Vs own actions (Roberts)
Act of God
D) Thin skull rule - (Blaue)

Question 8

Step 3?

Answer 8

MR

Question 9

2 things for step 3?

Answer 9

A) Express malice is where D intends to kill.
- D may have direct intent : - Aim/desires Vs death (Mohan/Belfon)
- Oblique intent Vs death is a virtual certainty due to Ds actions and D realises this (Woolin)
B) Implied Malice -
- where D intends to cause GBH (DPP v Smith) and V dies (Vickers)
- D may have direct intent (Mohan/belfon) or oblique intent where really serious harm was a virtual certainty and D realises this (Woolin)

Either express or implied malice is enough to convict.

Question 10

Step 4?

Answer 10

Is D crimannly liable or not?