Murder

Question 1

What is the definition of murder

Answer 1

• “The unlawful killing of a reasonable creature in being under the King’s Peace with malice aforethought, express or implied”
• Lord Coke, 17th Century

Question 2

Unlawful killing (AR)

Answer 2

• Act or omission
• Must be the factual and legal cause of the death
• FC: ‘But for’…
• LC: More than minimal

Question 3

Human being (AR)

Answer 3

• Excludes a foetus (A-G’s Reference No.3 of 1994): child must have an existence independent of the mother to be considered a ‘human being’
• Excludes someone who is brain dead (Malcherek 1981): no longer a reasonable creature in being

Question 4

King’s Peace (AR)

Answer 4

• Excludes killing an enemy in battle when the country is at war
• However enemy soldiers who have been taken prisoner/surrendered are protected by the law on murder (Blackman 2017)

Question 5

Within any country of the realm (AR)

Answer 5

Killing a person anywhere in the united kingdom

Question 6

Malice aforethought (MR)

Answer 6

• Express malice: intention to kill
• Implied malice: intention to cause serious harm
• Intention to cause GBH is sufficient (Vickers 1957)

Question 7

Direct intent (MR)

Answer 7

D’s aim, purpose or objective (Mohan 1976)

Question 8

Indirect intent

Answer 8

D realised the consequence was virtually certain (Woollin 1998)

Question 9

Intention and foresight of consequences (MR)

Answer 9

Jury are not entitled to find an indirect intention unless they’re sure death or serious bodily harm was
- A virtual certainty as a result of D’s actions
- That D appreciated that it was

Question 10

Case for intention and foresight of consequences

Answer 10

• Matthews & Alleyne 2003
• D pushed V from a bridge into a river knowing he couldn’t swim
• Fell 20 feet and drowned
• Foresight of a consequence as a virtual certainty is only evidence from which a jury may find intention