Murder

Question 1

What type of crime is murder

Answer 1

Common law offence

Question 2

Define murder

Answer 2

Defined by Lord Coke in 1797 as “unlawful killing of a reasonable human being under the kings peace with malice aforethought express or implied”

Question 3

What is the actus reus of murder

Answer 3

Unlawful killing of a human being. Unlawful killing meaning ‘causing death’. Death is a medical test and not legal meaning ‘brain stem death’ - R v Malcherek. If the killing was ‘necessary’ it would not be unlawful. Lawful killing may arise in situations of self defence - R v Clegg.

Question 4

What is the mens rea of murder

Answer 4

Malice aforethought express or implied
The intention can either be express(to cause death) or implied (to cause GBH) - DPP v Smith
This can either be direct (intent to kill or cause GBH) or oblique where it’s not the D aim or purpose to bring about a prohibited result but he foresees that result as a virtual certainty to occur due to his actions - R v Woolin

Question 5

R v Malcherek

Answer 5

Brain stem death is death

Question 6

R v Clegg

Answer 6

D’s lack of ‘evil’ motive did not preclude his actions from being unlawful

Question 7

DPP v Smith

Answer 7

Grievous means no more and no less than ‘really serious’

Question 8

R v Inglis

Answer 8

Assisting suicide was not a valid defence to murder, and the defendant’s actions were directly responsible for the child’s death

Question 9

A-G ref no.3 1994

Answer 9

If the defendant foresaw the risk of death as a result of their actions, they could be convicted of murder, as this amounted to the necessary mens rea

Question 10

R v Janjua and Choudry

Answer 10

If a person commits an unlawful act (like a robbery), and during the commission of that act, a death results, they can be convicted of murder

Question 11

R v Woolin

Answer 11

Jury could infer the intention for murder if the defendant’s actions were virtually certain to result in death or serious harm, even if there was no direct intent to kill