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, either express or implied

Question 2

How can the ‘killing’ be done?

Answer 2

Either by an act or an omission

Question 3

How is it proved that D’s act or omission killed V?

Answer 3

• factual causation
• legal causation
• no intervening acts

Question 4

What does the case of R v Martin show about unlawful killings?

Answer 4

Use of necessary force in self-defence may mean that the killing is lawful (here, it was unnecessary force and so the killing was unlawful)

Question 5

Which case shows when a person becomes a reasonable creature in being and when is this?

Answer 5

AGs reference (no 3 of 1994)
When the foetus is fully expelled from the womb and capable of an existence independent of the mother

Question 6

When does the case of R v Malcharek and Steel say that a person stops being a reasonable creature in being?

Answer 6

When the brain stem dies/no brain activity in the brain stem

Question 7

Which case gives the rule on a patient in a persistent vegetative state and what is this rule?

Answer 7

Airedale NHS Trust v Bland - life sustaining treatment can be withdrawn from a patient in a PVS as long as the court has given permission and it is in the patient’s best interest to do so

Question 8

What does it mean by being ‘under the Queen’s peace’ and what is the case that shows this?

Answer 8

DPP v Clegg - the only time a country will not be under the Queen’s peace is where war has been declared by Parliament

Question 9

What does it mean by having express malice?

Answer 9

D expressly intends to cause V’s death/intends to kill

Question 10

What does it mean by implied malice and what is the main case for this?

Answer 10

Where D intends to cause GBH (DPP v Smith = really serious harm), but actually ends up causing death
Vickers shows that intention to cause GBH would satisfy the mens rea for murder if V dies

Question 11

In which two ways can express and implied malice be proved?

Answer 11

Direct intention (Mohan) and oblique intention (Woollin)

Question 12

What else can be considered when looking at a murder scenario?

Answer 12

• coincidence (single act transaction/continuing act)

- transferred malice