Murder

Question 1

What is Lord Cork’s definition of Murder ?

Answer 1

When a man of sound memory and age of discretion unlawfully kills a reasonable creature in being and under the Queens peace with malice aforethought, expressed or implied

Question 2

If you break down his definition what is the AR and what is the MR ?

Answer 2

Actus Reus -

1. Sound memory
2. Unlawful killing
3. Within any country
4. Creature in being
5. Under Queens peace (not war)

Mens Rea

1. Implied - intent to cause GBH
2. Expressed - intent to kill.

Question 3

Give an case example of what is not an unlawful killing :

Answer 3

Re A - Is where the courts authorised the separation of conjoined twins saving one knowing the other wouldn’t survive.

Question 4

Is a foetus a reasonable creature ? And for someone who is brain dead ?

Answer 4

The beginning of life is taken when the child is existing independent of its mother.
And for someone who is brain dead they are not considered as reasonable creatures in being so Doctors ae allowed to switch off life support without being liable for homicide.

Question 5

What is causation?

Answer 5

Causation is the link between the D’s act and the end result
There is both factual and legal causation
Factual - ‘But for’
Legal - ‘De Minimus’

Question 6

What is said in s.8 of the Criminal Justice Act 1967

Answer 6

A court/jury in determining whether a person has committed an offence …

1. should not be bound to intend he foresaw a result of his actions by it being natural and probable consequence
2. But shall shall decide if he intended/foresaw by referring to all the evidence.

Question 7

What happened in the case of Moloney

Answer 7

Both him and his stepfather were drunk and playing around with a shotgun and D shot and killed his stepfather so he was guilty of Manslaughter

Question 8

Explain the case of Hancock and Shankland :

Answer 8

During the miners strike The D’s pushed concrete blocks on the motorway to stop miners getting to work, it hit one of the cars and driver was killed.

Question 9

What are the facts of Nedrick?

Answer 9

He had a grudge against a woman so he poured paraffin through her letterbox and set it alight. Not knowing her son was in the house and he died.
Virtually certain test for foresight of consquence

Question 10

What are the facts of Woollin ?

Answer 10

D lost his temper at his 3 months old son and threw him across the room, he died as a result of his injuries

Question 11

What case shows that the jury may find intention but don’t have to ?

Answer 11

R v Matthews and Alleyne- It was simply a rule of evidence rather than of law and is something that a jury might use to help them decide whether the D had the necessary intention