Murder

Question 1

Actus reus

Answer 1

The unlawful killing of a reasonable person under the king or queen’s peace

Question 2

AR - unlawful

Answer 2

Without consent, cannot consent to GBH or death (Brown)

Question 3

AR - reasonable person

Answer 3

Not a foetus (A-G Ref), or someone who’s brain dead (Malcherek and Steel)

Question 4

AR - king or queens peace

Answer 4

Not at war

Question 5

Intervening act - medical treatment

Answer 5

Must be palpably wrong (Jordan)

Question 6

Intervening act - V’s own actions

Answer 6

V’s action’s can be intervening act if they;re unreasonable (Roberts)

Question 7

Mens rea

Answer 7

With malice, aforethought, express or implied

Question 8

MR - malice

Answer 8

Desire to harm, compassionate killings still murder (Gray)

Question 9

MR - aforethought

Answer 9

Thinking about actions before doing them, can be as little as seconds

Question 10

MR - express

Answer 10

Intent to kill (Mohan)

Question 11

MR - implied

Answer 11

Intent to cause GBH - enough for MR of murder (Vickers)

Question 12

Foresight of consequences

Answer 12

Can prove direct intention (Nedrick)

• would a reasonable person see outcome as a virtual certainty
• did D realise outcome was a virtual certainty

Question 13

Sentence

Answer 13

Mandatory life

Question 14

R v Brown

Answer 14

Cannot consent to GBH or death

Question 15

A-G Ref

Answer 15

Foetus is not a reasonable person

Question 16

Malcherek and Steel

Answer 16

Someone brain dead is not a reasonable person

Question 17

Paggett

Answer 17

Factual Causation

Question 18

Kimsey

Answer 18

Legal causation

Question 19

R v Jordan

Answer 19

For medical treatment to be an intervening act it must be palpably wrong

Question 20

R v Roberts

Answer 20

For V’s own actions to be an intervening act they must be unreasonable

Question 21

R v Gray

Answer 21

Compassionate killings are still murder

Question 22

Mohan

Answer 22

Intent to kill

Question 23

Vickers

Answer 23

Intent to cause GBH is enough for MR of murder

Question 24

Nedrick

Answer 24

Foresight of consequences can be used to prove direct intention

Question 25

What type of intention is needed for a murder conviction?

Answer 25

Direct

Question 26

What partial defences can be used for murder?

Answer 26

Loss of control, diminished responsibility

Question 27

What would a partial defence reduce a murder conviction to?

Answer 27

Voluntary manslaughter

Question 28

Sentence for a voluntary manslaughter conviction?

Answer 28

Max. life