Murder

Question 1

Definition of murder

Answer 1

Lord Coke-“unlawful killing of a reasonable person in being under the queens peace, with malice aforethought, expressed or implied”

Question 2

AR

Answer 2

Unlawful killing
Of a reasonable person in being
Under the queens peace

Question 3

Unlawful killing

Answer 3

Omissions:
Voluntary duty- stone and dobinson
Contractual duty- r v pittwood
Dangerous chain of events- r v miller

Lawful killings:
R v adams- a doctor may prescribe a lethal dose of medicine if beneficial to V

Airdale NHS trust v Bland- doctors may discontinue treatment if in the best interest of V

Question 4

Reasonable person in being

Answer 4

Malcharek and steel- a “brain dead” person is not a reasonable person in being and therefore turning of a life support machine may be a lawful

AG’s ref (no3)- a foetus is not a reasonable being until out of the womb, if it dies when born from injuries sustained whilst inside the womb from D, then D will be guilty

Question 5

Queen’s Peace

Answer 5

Anyone who is essentially at peace with the queen

Enemies of war are not under the queens peace unless they are POWs

Question 6

Causation

Answer 6

Kimsey-slight and trifling link
Cato- more than a minimal cause

NAI-Jordan
V’s own act- robertson, williams
Substantial and operating cause- cheshire, smith
Egg shell skull- blaue,haywood

Question 7

MR

Answer 7

Malice aforethought, expressed or implied

Expressed=intention to kill
Implied=intention to cause GBH (vickers confirmed in Cunningham)

Continuing act- thabo meli
Transferred malice- dpp v gnango

Question 8

Sentencing

Answer 8

Non discretionary life sentence