Murder

Question 1

What is the common law definition of murder

Answer 1

• The unlawful killing of another human being under the kings peace

Question 2

When was the law of murder defined and by who

Answer 2

Lord Coke - 1797

Question 3

What sentence does murder come with

Answer 3

Mandatory life sentence
- minimum of 15 years imprisonment

Question 4

What are the two necessary part to prove of murder

Answer 4

AR - act
MR - intent to kill/cause GBH

Question 5

How do we prove something is murder, 4 elements

Answer 5

1) D needs to be killed
2) Human being
3) Under kings peace
4) Unlawful killing

Question 6

What does it mean 1) D need to be killed and what ways can this be done through

Answer 6

• can be done through omission (Gibbins v Proctor)
• necessary proof of chain of causation (resultant crime)

Question 7

What does the law mean when it comes to 2) human being

Answer 7

• Law has strict opinions on what a human being is
• Foetus is not a human
• Brain death is a legal death (Airedale NHS v Bland)

Question 8

What does 3) Under kings peace refer to

Answer 8

• Where the country is not at war

Question 9

What does 4) unlawful killing relate to

Answer 9

• Certain situations where killing can be considered lawful, Re A (conjoined twins)

Question 10

What is the MR of murder

Answer 10

Intention to kill/ cause GBH

Question 11

What are the two types of MR

Answer 11

Expressed - direct/indirect (R v Woolin)
Implied - inter to cause GBH (R v Vickers)