Murder

Question 1

What is the AR for murder

Answer 1

unlawful killing towards a reasonable person in being under the king’s peace.

Question 2

what is the MR for murder

Answer 2

expressed or implied malice aforethought

Question 3

unlawful killing case

Answer 3

re A

Question 4

how is unlawful killing done

Answer 4

through a positive voluntary act or an omission

Question 5

Re A LP

Answer 5

operating to save one patient but killing another is not unlawful

Question 6

reasonable creature in being case

Answer 6

Attorney-general’s reference (no3 of 1994)

Question 7

Attorney-general’s reference (no3 of 1994) LP

Answer 7

only a human being when the child has been ‘wholly expelled’ from it’s mother

Question 8

when applying :

Answer 8

ask causation - factual & legal cause and any NAI’s

Question 9

MR for murder

Answer 9

Expressed or implied malice aforethought

Question 10

what is expressed malice aforethought

Answer 10

intention to kill, may be direct or oblique

Question 11

what is implied malice aforethought

Answer 11

intention to cause GBH