Murder

Question 1

Name the four component parts to the actus reus of murder.

Answer 1

1) the defendant killed
2) a reasonable creature
3) under the Queen’s Peace and
4) the killing was unlawful

Question 2

What case is an example of an omission constituting a conviction of murder?

Give brief facts

Answer 2

R v Gibbins and Proctor (1918)

Facts: mother failed to feed child

Question 3

What is meant by a reasonable creature in being?

Answer 3

It must be a human being that is killed.

Question 4

What two areas cause issues with the definition of ‘reasonable creature in being’?

Answer 4

A) Foetus in a womb (AG ref no 3 of 1994)

B) V still ‘alive’ if braindead? (R v Malcherek 1981)

Question 5

What case is an example of the issues surrounding brain death and how it relates to ‘murder’?

Give brief facts.

Answer 5

R v Malcherek (1981)

Facts: Was found that doctors can terminate medical treatment and not be charged with murder if in interest of patient.

Question 6

What is the leading case regarding the status of a foetus in a womb and how it relates to ‘murder’?

Give brief facts.

Answer 6

AG ref no 3 (1994)

Facts: D assaulted girlfriend who was pregnant. Child died after early birth. D not guilty of murdering foetus.

Question 7

What act abolished the ‘year and a day rule’?

Answer 7

Law Reform (Year and a Day Rule) Act 1996

Question 8

After what time period does a prosecution of murder need consent after a victim has died long after a fatal act and by whom?

Answer 8

3 years.

The Attorney General

Question 9

What two part defences were created by the Coroners and Justice Act 2009?

Answer 9

1) loss of control

2) diminished responsibility

Question 10

What conviction might a D face if they successfully argue part defence of loss of control or diminished responsibility?

Answer 10

Voluntary manslaughter

Question 11

What act created the part defences of 1) loss of control 2) diminished responsibility?

Answer 11

Coroners and Justice Act (2009)

Question 12

What is the mens rea of murder?

Answer 12

Kill with intent to kill or intent to commit GBH

Question 13

What 2 cases support the principle that the D doesn’t necessarily have to intend to kill to be guilty of murder?

Give brief facts.

Answer 13

R v Vickers (1957)

Facts: D hit old lady several times with fists and kicked once in head. D convicted of murder.

R v Cunningham (1981)

Facts: D attacked V in pub with a chair and V died. D intended GBH-found guilty of murder.

Question 14

What principle does the case of R v Vickers (1957) support and what are the brief facts?

Answer 14

Principle: D doesn’t have to intend to kill for a conviction of murder.

Facts: D kicked and punched old lady who died of her injuries. D convicted of murder.

Question 15

What principle does the case of R v Cunningham (1981) support and what are the brief facts?

Answer 15

Principle: D doesn’t have to intend to kill for a conviction of murder.

Facts: D attacked V in pub with a chair and V died. D intended GBH-found guilty of murder.

Question 16

What is meant by direct intent?

Answer 16

Where the D intends the result.

Question 17

What is meant by oblique or indirect intent?

Answer 17

Where the D aim was not to bring about the result.

Question 18

What two cases support the mens rea for murder?

Answer 18

R v Nedrick (1986)-paraffin in letterbox

R v Woollin (1998)-Throwing baby into cot

Question 19

What principle does the case of R v Nedrick (1986) support?

Give brief facts.

Answer 19

Principle: Foresight of consequence is only evidence of intention, not intention itself.

Facts: D pours paraffin through letterbox and lights to scare woman. Unintentionally kills baby-convicted of manslaughter.

Question 20

What principle does the case of R v Woollin (1998) support?

Give brief facts.

Answer 20

Principle: Foresight of consequence is only evidence of intention, not intention itself.

Facts: D throws baby into cot but baby hits wall instead and dies. Convicted of manslaughter.

Question 21

What is the case for transferred malice?

Give brief facts

Answer 21

Latimer (1886)

Facts: D intended injury on person A but unintentionally injured person B. D convicted of same offence.

Question 22

What principle does the case of Latimer (1886) support?

Answer 22

Transferred malice.

Question 23

AG ref no 3 (1994)

Answer 23

Principle: foetus in a womb is not a separate living being.

Facts: D assaulted girlfriend who was pregnant. Child died after early birth. D not guilty of murdering foetus.

Question 24

R v Malcherek (1981)

Answer 24

Principle: Doctors can legally switch off life support machines.

Facts: Was found that doctors can terminate medical treatment and not be charged with murder if in interest of patient.

Question 25

An example of a judge disagreeing with the mens rea of murder?

Which case?

Answer 25

Lord Davies

R v Cunningham (1981)-Pub chair killer

Question 26

What case did Lord Davies obiter about murder?

Answer 26

R v Cunningham (1981)

Facts: Guy kills someone with pub chair only intending GBH-guilty of murder.