Murder

Question 1

What is the Lord Cork’s definition of murder ?

Answer 1

Murder is the unlawful killing of a reasonable person in being under the Queen’s peace with malice aforethought, either expressed or implied

Question 2

What is the AR of murder ?

Answer 2

1. Sound memory
2. Unlawful killing
3. Within any country of the realm
4. Creature in being
5. Under Queen’s peace

Question 3

What is the MR of murder ?

Answer 3

Expressed - intention to kill
Implied - Intention to cause GBH (serious harm)

Two types of intention - direct and oblique intent

Question 4

Explain the element of Sound memory and age of discretion

Answer 4

As with other crimes, the D must be sane and aged over 10

Question 5

Explain the element unlawfully killeth and give an example case

Answer 5

Certain defences may make a killing lawful such as self defence and the defence of necessity.

In the case of Re A courts authorise the separation of conjoined twins knowing one wouldn’t survive, this is not unlawful killing

Question 6

Explain the element ‘within any country of the realm’

Answer 6

If the D is a British citizen they can be tried in the UK for murder committed in another country

Question 7

Explain the element ‘any reasonable creature in being’

Answer 7

This is understood to mean the victim is a person who is born, when it comes to a foetus the ruling from AG reference is that the beginning of life is taken to be when the child has an existence independent of its mother

If the person is brain-dead they are not considered as reasonable creature in being so doctors are allowed to switch off life support without being liable for homicide

Question 8

Explain the element ‘the Queen’s peace’

Answer 8

Under the Queen’s peace means the D cannot be found guilty if they kill an enemy in the course of war