Murder A01

Question 1

Sir Coke’s definition

Answer 1

unlawfully killeth any creature in rerum natura’

Question 2

simple definition

Answer 2

unlawfully cause the death of a human being with intention to kill or intention to cause GBH

Question 3

‘unlawfully’

Answer 3

some defences make killing lawful e.g: self defence

Question 4

‘death’ (case)

Answer 4

R v Malcherek - brain stem death = death, a doctor turning of a life support machine = death

Question 5

‘when death occurs’

Answer 5

more than 3 year time gap the AG must give permission to prosecute/change charge to murder

Question 6

‘human being’ (case)

Answer 6

victim must be born and capable of living, foetus is not a human being - AG Reference No.3 1994

Question 7

mens rea

Answer 7

Malice Aforethought

Question 8

what are express malice and implied malice (case)

Answer 8

Intention to kill (express malice)

OR

Intention to cause GBH (implied malice)→ R v Vickers

Question 9

Direct intention (case)

Answer 9

df’s aim, purpose and desire to bring about a specific result → R v Mohan

Question 10

Oblique Intention

Answer 10

direct intent to do something over than kill or cause GBH → R v Woolin, death or serious injury was a virtually certain result of df’s actions

Question 11

specific intent crime

Answer 11

prosecution must prove the MR of intention

Question 12

Transferred Malice

Answer 12

R v Mitchell