MURDER

Question 1

What is the AR of murder?

+ where from

Answer 1

The unlawful killing of a reasonable creature in being under the King’s peace. - Sir Edward Coke

Question 2

What is the MR of murder?

+ where from, case

Answer 2

Malice aforethought - Sir Edward Coke, R v Vickers

Question 3

Explain a case that defines ‘a reasonable creature in being’.

Answer 3

Ag Reference No.3 1994 - Someone who can survive independently. ‘A foetus is not considered a ‘human being’’.

In exam, you can just say ‘Ag Ref’.

Question 4

Explain a case which defines when a person is considered to be dead.

Answer 4

Brain dead = dead - Malcharek.

Question 5

What tests are required to show the D’s actions caused the V’s death?

Answer 5

Factual causation: ‘But-for’; BF the D’s actions, V wouldn’t have died. (R v White).
Legal causation: *operating + substantial (more than minimal) cause for death - *Kimsey

Question 6

What can break the chain of causation?

Answer 6

• 3rd Party (Paggett)
• *V’s own unreasonable + unforeseeable actions (Roberts)
• Palpably incompotent medical negligence (Jordan)*

Question 7

What cannot break the chain of causation?

Answer 7

Thin skull rule (Blaueu)

Question 8

Explain transferred malice with a case.

Answer 8

Intentional harm unintentionally transferred to another person (Latimer).

Question 9

What intention does the D need for murder?

Answer 9

Intention to kill/cause GBH (Vickers).

Question 10

Sentence if guilty for murder?

Answer 10

Mandatory life.