Murder

Question 1

What’s the definition of murder

Answer 1

Unlawful killing of a person in the queens peace with malice aforethought

Question 2

Mens rea of murder

Answer 2

Intention to kill or cause really serious harm GBH

Question 3

Sentence for murder if established

Answer 3

Mandatory life sentence

Question 4

Partial defences contained in which act

Answer 4

Homicide act 1957

Question 5

What are the defences for murder

Answer 5

Diminished responsibility

Loss of control

Question 6

What effect does diminished responsibility and loss job control have on the sentence

Answer 6

Lessens it to manslaughter

Question 7

Doctors can kill in some circumstances name some with cases

Answer 7

Administering pain relief = Bodkin
Withdrawal of treatment =Trustees V bland
Defence of necessity = conjoined twins

Question 8

Is a foetus a human being ? If ___ then why ?

Answer 8

A-G ref N 3 = A human being once expelled from the mother and is an independent existence

Question 9

When is a human not a human

Answer 9

Usually medical meaning is persuasive
When a persons is ‘brain dead’

Inglis = murder for reasons of familiar love does not distinguish from usual murder , personal was mot declared dead

Question 10

Men’s rea of murder cases to men’s rea of murder

Answer 10

R v bickers

R v Cunningham

Question 11

Men’s rea also covers oblique intent which is shown in what case

Answer 11

R v Woollin