Murder

Question 1

Definition on murder

Answer 1

Lord Coke- the unlawful killing of a reasonable creature in being under the queens peace with malice aforethought express or implied

Question 2

Actus reus of murder

Answer 2

The unlawful killing

Question 3

Omissions

Answer 3

No duty to act

Question 4

Exceptions of omissions

Answer 4

Voluntary duty (gibbons and proctor) 
Duty due to a relationship (stone and dobbinson) 
Contractual duty (pittwood)

Question 5

Factual causation

Answer 5

But for test (pagett)

Question 6

Legal causation

Answer 6

1) De minimis- more than a minimal cause of death (Cato)
2) Thin skull- take your victim as you find them (Blaue)
3) Intervening act- negligent medical treatment- (Jordan)
4) Victims own act (Roberts)

Question 7

Mens rea of murder

Answer 7

Malice aforethought express or implied

Question 8

Express men’s rea

Answer 8

Intent to kill

Question 9

Implied men’s rea

Answer 9

Intent to cause GBH (vickers)

Question 10

Direct intent

Answer 10

Defendant intends to kill or cause GBH (Morgan- desire to bring about the PC)

Question 11

Indirect intent

Answer 11

Doesn’t intend to kill or cause GBH but it is a virtual certain consequence and they appreciate this (nedrick/woolin)