Murder

Question 1

What is the definition of murder?

Answer 1

Murder is defined as the unlawful killing of a human being under the Queen’s (or King’s) peace with malice aforethought.

Established in Lord Coke’s definition.

Question 2

What is the first element of the Actus Reus of Murder?

Answer 2

Unlawful Killing

The killing must be unlawful (not in self-defense, prevention of crime, or necessity).

Question 3

What case established that excessive force makes a killing unlawful?

Answer 3

R v Clegg (1995)

This case illustrates the principle of unlawful killing.

Question 4

What is the second element of the Actus Reus of Murder?

Answer 4

Reasonable Creature in Being

The victim must be a living human being.

Question 5

Is a fetus considered a person under the law?

Answer 5

No, a fetus is not considered a person unless it is born alive

Referenced in Attorney-General’s Reference (No. 3 of 1994) [1997].

Question 6

What indicates the end of life according to case law?

Answer 6

Brain death

This principle is established in R v Malcherek and Steel (1981).

Question 7

What is the third element of the Actus Reus of Murder?

Answer 7

Under the Queen’s Peace

The killing must not occur in wartime or legal combat.

Question 8

What is the fourth element of the Actus Reus of Murder?

Answer 8

Causation

Includes factual causation, legal causation, and intervening acts.

Question 9

What test is used for factual causation?

Answer 9

‘But for’ test

Established in R v White (1910).

Question 10

What is required for legal causation?

Answer 10

More than a minimal cause

This principle is outlined in R v Kimsey (1996).

Question 11

What case discusses medical negligence as an intervening act?

Answer 11

R v Jordan (1956)

Compared with R v Smith (1959) for contrasting principles.

Question 12

What is the first element of Mens Rea of Murder?

Answer 12

Malice Aforethought

This includes express and implied malice.

Question 13

What is express malice?

Answer 13

Direct intention to kill

Established in R v Mohan (1975).

Question 14

What is implied malice?

Answer 14

Intention to cause grievous bodily harm (GBH)

Established in R v Vickers (1957).

Question 15

What is direct intention?

Answer 15

Defendant aims to bring about death or GBH

Established in R v Mohan (1975).

Question 16

What is oblique intention?

Answer 16

Death or GBH was a virtual certainty of the defendant’s actions

Established in R v Woollin (1998).