Murder

Question 1

Is murder common law or statutory law?

Answer 1

Common law

Question 2

When is it justifiable to kill someone?

Answer 2

Time of war and self defence

Question 3

What are the steps for the Actus Reus of murder?

Answer 3

1. ) Unlawful Killing
2. ) Caused by an act or an omission
3. ) Of a reasonable creature
4. ) In being (foetus and brain stem death a not alive)
5. ) Under the queens peace

Question 4

What are the two tests that find the legal and factual cause?

Answer 4

Factual= 'But for' test
Legal= 'Thin skull' rule

Question 5

What does ‘malice aforethought’ mean? HINT to do with the Mens Rea

Answer 5

Murder requires a specific intent

Question 6

What is express malice?

Answer 6

Intent to kill

Question 7

What is implied malice

Answer 7

Intent to cause GBH but the victim dies

Question 8

What is direct intention?

Answer 8

When you complete your main aim and purpose e.g. You successfully kill someone

Question 9

What is oblique intention?

Answer 9

Where the D wants to achieve a purpose other than the death of the victim but their actions were virtually certain to cause death or GBH and the D foresaw this (recklessness)

Question 10

What is the definition of murder?

Answer 10

The unlawful killing of a reasonable creature in being under the queen’s peace

Question 11

Does the year and a day rule still exist?

Answer 11

No

Question 12

If you want to kill, what is this?

Answer 12

Direct intention, express malice

Question 13

If you want to commit GBH, what is this?

Answer 13

Direct intention, implied malice

Question 14

You foresee that it is V.C to kill someone, what is this?

Answer 14

Oblique intention, express malice

Question 15

You foresee that it is V.C to GBH, what is this?

Answer 15

Oblique intention, implied malice

Question 16

What happened in the case of Vickers?

Answer 16

D broke into shop, woman spotted him and he beat her up, she died of her injuries. Guilty of murder as he intended to commit GBH