Murder

Question 1

Definition of murder

Answer 1

Unlawful killing of a reasonable creature in being and under the Kings peace with malice aforethought, express or implied. (Lord Coke 17th Century). Common law.

Question 2

AR - Unlawful

Answer 2

The killing must be unlawful. May have to consider self-defence here.

Question 3

AR - Killing

Answer 3

D must cause the death. Factual (Pagett) and legal (Kimsby) causation considered, all causation cases relevant here. Intervening acts considered here. Murder is usually via an act, but can be by omission (Gibbins & Proctor).

Question 4

AR - Reasonable creature in being

Answer 4

Must have existence independent from the mother.
Foetus - cannot be charged with murder for killing a foetus. (AG Ref cases no.3 1997).
Brain dead - doctors can switch off life support and not be charged with murder and it will not break the chain of causation for the D who put V in that state. (Malcherek).

Question 5

AR - Under the Kings peace

Answer 5

Killing an enemy soldier at time of war is not murder.

Question 6

MR - Malice aforethought, express or implied.

Answer 6

Express malice aforethought - intention (direct or indirect) to kill.
Implied malice aforethought - intention (direct or indirect) to cause GBH. (Vickers)
Indirect - Cunningham
Direct - Mohan