murder

Question 1

is murder a common/statutory law offence

Answer 1

common

Question 2

definition of murder

Answer 2

lord coke: unlawful killing of a person in being and under the queens peace with malice aforethought, express or implied by law

Question 3

actus reus

Answer 3

the unlawful killing of a person in being and under the queens peace

Question 4

what must the killing be to satisfy AR or murder

Answer 4

unlawful

Question 5

when is killing not unlawful

Answer 5

if it is done in self defence/prevention of crime

Question 6

can the killing be by ds voluntary act or omission

Answer 6

yes so long as it causes the death of V

Question 7

what does it mean the d must kill a person in being

Answer 7

v must have separate existence from the mother and have an independent circulation- killing foetus is not murder

AG REF NO 3 1994

Question 8

AG REF NO 3 1994

Answer 8

H/L held that where a foetus is injured and then born alive but dies afterwards as a result of the injuries, this can be AR for murder/manslaughter

Question 9

is a brain dead person in being

Answer 9

probably not MALCHEREK

Question 10

MALCHEREK

Answer 10

when it has been decided that v is brain dead, doctors can switch off life support machines without being liable for murder. switching off vs life support machine does not break chain of causation

Question 11

what does under the queens peace mean

Answer 11

killing of an enemy in the course of war is not murder

killing of a prisoner of war would be sufficient for actus reus of murder

Question 12

mens rea

Answer 12

malice aforethought, express or implied by law

Question 13

what does the mens rea mean

Answer 13

D must either intend to kill or intend to cause GBH

Question 14

can d be guilty of murder even though he did not intend to kill

Answer 14

yes VICKERS

Question 15

VICKERS

Answer 15

if d intends to cause GBH and V died, this is sufficient to imply malice aforethought

Question 16

GBH means…

Answer 16

really serious harm: DPP V SMITH

Question 17

AF REF NO 3 why was it held that it was not possible for d to have the mens rea for murder in relation to a foetus

Answer 17

didn’t have separate existence from the mother

Question 18

when may d directly intend to kill/cause GBH

Answer 18

where death or GBH is his main aim/purpose MOHAN

Question 19

when may d indirectly intend to kill/cause GBH

Answer 19

where death/GBH is not desired, but was virtually certain to occur and d knows this

Question 20

transferred malice is the principle that

Answer 20

d can be guilty if he intended to commit a similar crime but against a different V- AF REF NO 3

Question 21

what must be present at same time in order for D to be liable for murder

Answer 21

AR and Mr

Question 22

what is an exception to coincidence principle

Answer 22

where AR is part of some larger transaction and d formed mens rea at some point during that transaction- THABO MELI V R

Question 23

THABO MELO V R

Answer 23

privy council upheld convictions for murder and said that the ds causing vs death was part of a larger transaction and it was sufficient that d forms mens rea at some point during that transaction