Murder

Question 1

What must be showed to establish murder

Answer 1

In addition to proving that D has voluntarily done a culpable act or omission, the prosecution must establish that V was a reasonable creature in the Queen’s Peacr

Question 2

What is a reasonable creature

Answer 2

V must be alive: have an independent existence and wholly expelled- R v Poulton

Question 3

What happened in Re A (conjoined twins)

Answer 3

It is not possible to argue that one is weaker, therefore less deserving of the protection of the law- both are entitled

Question 4

What is the difficulty regarding end of life and reasonable creature

Answer 4

just because someone is on life support does not mean that they are not a reasonable creature. There is a distinction between killing and finishing treatment- Airedale NHS Trust v Bland- to actively bring death is to cross the rubicon- to withdraw treatment is an omission, there is no duty where it would not be in the patients best interest to continue treatment.

Question 5

What is the Queens Peace

Answer 5

The protection of the QP will be lost in war time when V is an enemy

Question 6

What happened in Adebolajo

Answer 6

QP applied not to the D, but to the status of the V, it has nothing to do with the status of the D.

Question 7

What was held in Page

Answer 7

Soliders and police in non-war situations are governed by the ordinary law

Question 8

what is sir coke’s definition of murder?

Answer 8

when a person of sound memory, unlawfully killet a reasonable creature under the King’s Peace with malice aforethought

Question 9

what is malice aforethought

Answer 9

intention- express or implied (vickers confirmed in Cunningham)

Question 10

What is the GBH rule

Answer 10

Where D intents to cause GBH which results in death- Vickers confirmed in Cunningham

Question 11

Who must the intention to kill or cause GBH be direct at

Answer 11

a human being

Question 12

What was held in Latimer

Answer 12

malice may be transferred

Question 13

what was held in Pemblinton

Answer 13

to transfer malice, it must be the same crime

Question 14

What happened in Gore

Answer 14

convicted even though could not have intended to kill the chemist

Question 15

Where was it said the interpretation of transferred of malice was strained

Answer 15

Gnango
AG (ref no.3) cannot have double transfer from mother, to foetus, to the unborn child, to do so would stretch the meaning of transferred malice beyond

Question 16

What is direct intent

Answer 16

Where is it clear from the circumstance that D wanted something happen

Question 17

In cases of direct intent should the juries be directed?

Answer 17

Intent is a common word, thus the golden rule should be used when directing a jury to avoid elaboration

Question 18

What is oblique intent

Answer 18

Where the D realised something would happen did not intend this

Question 19

What is the current case law on oblique intent

Answer 19

The jury may find (Woollin) intent, where the consequence was a VC and the D foresaw the consquence as a VC

Question 20

Chronolgy of cases leading to the current definition of oblique intent

Answer 20

1) Moloney- consequence was a natural
2) Hancock and Shankland- was the consequence natural and probable
3) Nedrick: VC
4) Woollin: changes infer to find
5) Re A: foresight = intention
5) Matthews and Alleye- foresight does not equal intention it is a rule of evidence that allows the jury to find intent