Murder

Question 1

What is the definition of murder

Answer 1

Murder is defined by Lord Coke as the unlawful killing of a reasonable creature in being under the kings peace malice aforethought expressed or implied.

Question 2

What is an unlawful killing

Answer 2

A killing that is not legally justified so not self defence, defence of another or to prevent a serious crime.

Question 3

What is a reasonable creature in being ?

Answer 3

Am living human is a reasonable creature in being other then a feotus or someone who is brain dead. (R V Malcherek and Steel)

Question 4

What is under the Kings peace ?

Answer 4

The country is not at war if the country is at war it is not under the kings peace meaning soldiers can lawfully kill enemy soldiers. (R V Blackman)

Question 5

What is the factual causation of murder ?

Answer 5

But for the defendants actions would the victim have died as and when they did ? (R V Pagett)

Question 6

What is the legal causation for murder ?

Answer 6

The defendant must be more than a minimal and trivial cause to Vs death (R V Kimsey)

Question 7

What is malice aforethought expressed ?

Answer 7

When the defendant has the intention to kill (Mohan).

Question 8

What is malice aforethought implied ?

Answer 8

When the defendant has direct intention to cause serious harm. (Vickers)