Murder

Question 1

Definition of murder

Answer 1

The unlawful killing of another person with intention

Question 2

Actus reus of murder

Answer 2

FACTUAL: but for test
R V White
LEGAL: more than a slight of trifling link
Kimsey

Question 3

Causation issues of murder

Answer 3

Escape attempt - Roberts
Thin skull rule - Blaue
Life support machine - Malcherick v Steel
Third party acts - Pagget 
Bad medical treatment - Cheshire
Refusing treatment - Holland

Question 4

Omissions of murder

Answer 4

Voluntary assumed or special relationships - Gibbons v Proctor
Contractual duty - Pittwood
Public duty - Dytham
D creates danger - Miller

Question 5

Mens rea of murder

Answer 5

SPECIFIC INTENT CRIME ONLY
“Malice aforethought”
Direct - obvious to jury D intended it
Mohan - “bring about the consequences”
Indirect - not obvious so jury given directions
Woolin - 2 stage:
1) was death or serious injury virtually certain?
2) did D realise this?
Matthews v Alleyne - Woolin is evidence of intent not proof

Question 6

Recklessness for murder

Answer 6

NOT ENOUGH!!!!

Question 7

Transferred malice for murder

Answer 7

D’s malice is transferred from one person to another - Latimer

Question 8

Coincidence for murder

Answer 8

AR & MR must take place at the same time

R v Church