Murder

Question 1

Definition

Answer 1

The unlawful killing of a reasonable creature in being under the queen’s peace with malice aforethough

Question 2

Nedrick case and ratio

Answer 2

D poured petrol through a letterbox and lit it, a child died. He didn’t intend to kill. Manslaughter

Question 3

R v Moloney case and ratio

Answer 3

D shot his stepfather in a quick draw game. He had no intent so not guilty

Question 4

What ruling came from Moloney

Answer 4

1. Was death/serious injury a natural consequence of D’s actions?
2. Did D foresee these consequences?

Question 5

Where did the Moloney ruling come from?

Answer 5

Lord Justice Bridge

Question 6

Hancock and Shankland case and ratio

Answer 6

Striking miners threw a roadblock off a bridge. It killed a taxi driver. No intent so manslaughter

Question 7

Woolin case and ratio

Answer 7

D threw a baby off a wall and it fractured it’s skull and died. Manslaughter as he didn’t intend or foresee?

Question 8

Re A case and ratio

Answer 8

Conjoined twins (one fully functioning and one parasitic) were separated. One died. The parasite could not live independently so not murder

Question 9

R v Matthews and Alleyne case and ratio

Answer 9

DD threw V into a river knowing he couldn’t swim. He died. Murder

Question 10

Gibbins and Proctor case and ratio

Answer 10

A man and his commonlaw wife starved his son to death. Omission to act was failure to feed him. Guilty

Question 11

Attorney General Reference case and ratio

Answer 11

D stabbed pregnant girlfriend, She gave birth prematurely and it died later. Not murder

Question 12

Bedford v The Queen

Answer 12

A policeman shot and killed a “shooter” but V’s gun was never found. D honestly believed it was self defence so NG

Question 13

R v Clegg

Answer 13

A soldier shot a car that didn’t stop at a checkpoint. Murder

Question 14

R v Martin

Answer 14

D had PPD and shot 2 intruders. His PPD gave him dim resp. ManslaughtER

Question 15

R v Vickers

Answer 15

D broke into a shop and attacked the person living above it. Intent to cause GBH is intent still

Question 16

R v Cunningham

Answer 16

D repeatedly hit V with a chair but didn’t intend to kill them. Intent to cause GBH is intent

Question 17

DPP v Smith

Answer 17

A policeman jumped on V’s bonnet and he swerved him into oncoming traffic. Murder.

Question 18

AR

Answer 18

The unlawful killing of a reasonable creature in being under the queen’s peace

Question 19

MR

Answer 19

Malice aforethought

Question 20

But for test

Answer 20

But for D’s actions, would V still have died

Question 21

Case for but for test

Answer 21

R v white (mother’s milk)

Question 22

De minimus rule

Answer 22

D has to be more than a minimal contribution

Question 23

Case for de minimus rule

Answer 23

R v Kimsey

Question 24

Thin skull rule

Answer 24

Take your victim as you find them

Question 25

Case for thin skull rule

Answer 25

R v Blaue (Jehova’s witness)

Question 26

List all 4 novus actus interveniens

Answer 26

1. Medical treatment
2. Life support
3. Daftness test
4. V refuses treatment

Question 27

Case for medical treatment

Answer 27

R v smith

Question 28

Case for life support

Answer 28

Malcherek and steele

Question 29

Case for daftness test

Answer 29

R v roberts

Question 30

Cases for V refusing treatment

Answer 30

Blaue

Question 31

How to answer a murder Q?

Answer 31

1. State the definition
2. Go through each part separately like a theft question
3. Apply at the end of each paragraph