Murder and culpable homicide

Question 1

What counts as the beginning of life?

Answer 1

HMA v Scott - when a child has cried and breathed

Question 2

Can injuries in womb which later lead to death after birth be murder?

Answer 2

McCluskey v HMA - yes

Question 3

Definition of murder

Answer 3

Drury v HMA/MacDonald
actus reus - wilful act causing death
Mens rea - wicked intention/recklessness

Question 4

What is meant by wicked recklessness?

Answer 4

HMA v Purcell - it is not just a high degree for recklessness it is actual intention to injure in a manner that might of resulted in death and A does not care wether the victim lived or died

Question 5

Actus reus of culpable homicide

Answer 5

Drury v HMA - killing of another person

Question 6

Mens rea of culpable homicide

Answer 6

McAngus v HMA - recklessness