murder

Question 1

murder D

Answer 1

the unlawful killing of a human being with the intention to kill or cause GBH

Question 2

2 steps of actus reus in murder

Answer 2

1. unlawful killing
2. human being

Question 3

unlawful killing D

Answer 3

the killing must be considered unlawful

Question 4

egs of lawful killing

Answer 4

times of war
self defense
to save a life

Question 5

human being D

Answer 5

independent existence outside the womb

Question 6

factual causation D

Answer 6

but for test

Question 7

factual causation source

Answer 7

white

Question 8

legal causation D

Answer 8

D made signification contribution
‘more than a slight or trifling link’

Question 9

legal causation source

Answer 9

kimsey

Question 10

thin skull rule D

Answer 10

you must take your victim as you find them (never breaks chain)

Question 11

thin skull rule source

Answer 11

blaue

Question 12

mens rea of murder - direct intent D

Answer 12

the D’s aim, purpose and desire was to reach that outcome

Question 13

mens rea of murder - direct intent source

Answer 13

mohan

Question 14

mens rea of murder - indirect intent D

Answer 14

1 was death or GBH virtually certain as a result of D’s actions
2 the defendant realises this

Question 15

mens rea of murder - indirect intent source

Answer 15

woollinm

Question 16

murder structure

Answer 16

actus reus
causation
mens rea

Question 17

murder actus reus structure

Answer 17

E - establish that killing was unlawful
A
E - establish that V is considered a human being
A

Question 18

how to begin with murder structure

Answer 18

I - D (name) may be liable for murder
D - define murder

Question 19

murder causation structure

Answer 19

it must be established that D’s actions were the factual and legal causation of V’s death
E - but for test (white)
A
E - legal causation, D was a significant contributor, ‘more than a slight or trifling link’ (kimsey)
A
if there is a causation rule, put here
V’s own actions
Acts of third party
Natural but unpredicatable event
thin skull rule

Question 20

mens rea murder structure

Answer 20

E - the mens rea of murder is the intention to kill or cause GBH
Direct intent - D’s aim, purpose and desire to kill V (Mohan)
Indirect intent - virtual certainity test, was death/GBH certain, was D aware (woollin)
A