Murder

Question 1

What is the definition of murder?

Answer 1

The unlawful killing of a reasonable creature in being under the Queen’s peace with malice aforethought express or implied

Question 2

What is the actus reus for murder?

Answer 2

The unlawful killing if a reasonable creature in being under the Queen’s peace

Question 3

What is the mens rea for murder?

Answer 3

With malice aforethought express or implied?

Question 4

The breakdown of the AR for murder

Answer 4

• Unlawful
• killing
• Reasonable creature in being
• D caused the death
• Queen’s peace

Question 5

Unlawful

Answer 5

Where the d has no valid defence

Question 6

Killing

Answer 6

Caused by an act or an omission

No legal definition of death

Question 7

Reasonable creature in being

Answer 7

V must be a reasonable creature in being

Enoch Poulton

Question 8

D must have caused the death

Answer 8

Causation applies:
V’s own act
Act of a third party
Unforeseeable/Unpredictable event

This skull rule

Question 9

Malice aforethought express

Answer 9

Where the D intends to kill the victim

Question 10

Malice aforethought implied

Answer 10

Where the D intends to cause serious harm to the V but they die as a result of injuries
Vickers Cunningham