Murder

Question 1

Definition of murder

Answer 1

When a man of sound memory, at the age of discretion unlawfully killeth with malice aforethought
- Lord Coke

Question 2

Actus reus for Murder

Answer 2

• Unlawful
• Killing
• Voluntary Act
• Causes Victims death
• Human Independent of mother

Question 3

Mens Rea for Murder

Answer 3

• Malice aforethought
• Express Malice
• Implied Malice

Question 4

(AR) Unlawful

Answer 4

Must not be in self-defence, otherwise the killing would be deemed lawful.

Question 5

(AR) Killing

Answer 5

A death must occur.

R v Malcherek and Steel [1981]

Question 6

(AR) Voluntary Act

Answer 6

Act carried out by Ds own volition.

Hill and Baxter [1958]

Question 7

(AR) Causes Vs death

Answer 7

Factual causation
R v White - ‘But for’

Legal causation
R v Blaue ‘Thin skull’

Question 8

Human independent of Mother

Answer 8

Poulton [1832]

Question 9

What abolished the ‘Year and a day’ rule?

Answer 9

Law Reform Act 1996

Question 10

(MR) Express malice

Answer 10

Intention to kill

Question 11

(MR) Implied malice

Answer 11

Intention to cause GBH

Question 12

(MR) Malice aforethought

Answer 12

Intention to kill or cause GBH

Question 13

Direct Intention

Answer 13

Principle aim

Question 14

Oblique Intention

Answer 14

Accidental/unintended outcome

Woolin

Question 15

Sentence for Murder?

Answer 15

Mandatory life sentence

Question 16

Factual Causation

Answer 16

R v White ‘but for’

Dude poisons mother but she dies due to heart attack.

Asks whether the death would have occurred BUT FOR the defendant’s actions.

Question 17

Legal Causation

Answer 17

R v Blaue

Girl gets shot and refuses blood transfusion. Defendant argues that her refusal was a novus actus interveniens .
It was held that the wound was still an operating cause of death.

Question 18

R v Malcherek and Steel

Answer 18

The switching off of life support does not constitute a novus actus interveniens. Docs could not be direct cause of death.