Murder

Question 1

Short definition

Answer 1

Unlawful killing, under the queens peace, of a reasonable person/creature. With express malice aforethought and implied malice aforethought

Question 2

D must have…

Answer 2

D must have killed. Can be an act or omission, but it must cause death.

Question 3

Gibbons and Proctor

Answer 3

Parents let child starve. A murder through omission

Question 4

Killing must be…

Answer 4

Killing must be unlawful. A lawful killing is where D used self-defence or defence of another. Reasonable force must be used.

Question 5

Beckford

Answer 5

Jamaican policeman. Shot man whom he believed to be armed. Man was not armed.

Question 6

Of a…

Answer 6

Reasonable person/ creature. Must be human and can not be a fetus. Must be born and living independently.

Question 7

AGs ref.

Answer 7

Determined that a fetus can not be killed.

Question 8

Under…

Answer 8

Under the queens peace. Killing during the war is not murder.

Question 9

Tony Martin

Answer 9

Shot 2 unarmed burglars in the back.

Question 10

Intention to kill

Answer 10

Express malice aforethought

Question 11

Intention to seriously harm

Answer 11

Implied malice aforethought

Question 12

Vickers

Answer 12

Broke into candy shop and beat old woman to death.

Question 13

State the law

Answer 13

> D must have killed. Can be an act or omission, but it must cause death, Gibbons and Proctor
The killing must be unlawful. A lawful killing is where D uses self defence or defence of another. Reasonable force must be used, Beckford
Of a reasonable person/creature. Must be human and can not be a fetus. Must be born. AGs ref
Under the Queens peace. Killing during the war is not murder. Tony Martin
Express malice aforethought. Intention to kill
Implied malice aforethought. Intention to seriously harm, Vickers