Murder

Question 1

Def

Answer 1

Unlawful killing of reasonable creature in being w/ malice aforethought, express or implied - Lord Coke

Question 2

Unlawful

Answer 2

Self def, defence of another or to prevent a serious crime (Beckford v R)

Question 3

RCIB

Answer 3

Any person who is not a foetus or brain stem dead (Malcherek v Steel)

Question 4

KP

Answer 4

Will be under KP when country is not at war (R v Blackman)

Question 5

Factual causation

Answer 5

But for d’s actions would v have died when they did, as they did (R v Pagett)

Question 6

Legal causation

Answer 6

De Minimis - D does not have to be main or sole cause but does need to make more than minimal or trivial contribution (R v Kimsey)

Question 7

NAI

Answer 7

Act of God = Unforeseeable natural event
Act of 3rd party = Where 3rd party causes new and op injury which is so individual from D’s actions that it renders original injury insignificant AND Drs palpably wrong conduct (R v Cheshire; Smith; Jordan)
Act of V = Where v does something so daft/unexpected (R v Roberts)

Question 8

TSR

Answer 8

Any pre-exist conditions will be disregarded (R v Blaue)

Question 9

Malice aforethought

Answer 9

Intent to kill (express) or cause serious harm (implied). Direct intent –> A/D/P to kill/cause serious harm (R v Mohan). Indirect intent –> Virtually certain consequence of death/defendant was aware of this (R v Woolin)