Murder

Question 1

Definition

Answer 1

Defined by Lord Coke as the unlawful killing of a reasonable creature in being under the king’s peace with malice aforethought express or implied

Question 2

Unlawful

Answer 2

Not legally justified, must be in defence of themselves, another ot to prevent a serious crime

Question 3

Creature in being

Answer 3

A living human being that is not a foetus (AG Ref N03 of 1984) or brain stem dead (Malcherek v Steel)

Question 4

King’s peace

Answer 4

When the country is not at war (R v Blackman)

Question 5

Factual causation

Answer 5

But for D’s actions, would the victim have died? (R v Pagett)

Question 6

Legal causation

Answer 6

D must be more than a minimal cause for V’s death (R v Kimsey)

Question 7

Malice aforethought

Answer 7

Express- D intended for the V to die (R v Mohan)
Implied- Intended to cause serious harm but V dies as a result (R v Vickers)

Question 8

Direct and indirect intention

Answer 8

Direct- Main aim, purpose and desire to bring about that consequence
Indirect- D intends obliquely where the actus reus is virtually certain to arise and recognises this so the courts find this amounts to intention