Murder and Defences

Question 1

What is the Actus Reus of Murder?

Answer 1

The unlawful killing of a reasonable person in being under the queens peace.

Question 2

What is the Mens area of Murder?

Answer 2

Malice aforethought express (intention to kill) or implied (intention to commit GBH).

Direct intention / Oblique intention (Virtual Certainty R v Woolin 1998)

Question 3

What is Causation in Murder?

Answer 3

Series of events that connect an unlawful act to the end result of death.

Factual Causation - ‘But For’ test

Legal Causation - Intervening acts (R v Pagget / R v White)

More than minimal cause

Question 4

What are the two Defences to Murder under the Coroners and Justice Act 2009?

Answer 4

s52 Diminished Responsibility

s54 Loss of Control

Question 5

Define Diminished responsibility supported by a case.

Answer 5

Abnormality of mental functioning arising from a recognised medical condition.

R v Bryne (1960) - Sexual psychopath

Question 6

What does the Abnormality of mental functioning do?

Answer 6

Substantially impairs the ability to:

•Form rational judgement
•Understand the nature of conduct
•Exercise self control

Question 7

What is an example of a recognised medical condition?

Answer 7

Autism

Question 8

Which case illustrates ADS?

Answer 8

R v Stewart (2009)

Question 9

What 3 conditions must be met to establish loss of control?

Answer 9

•Act resulted in the D’s lord of control

•Qualifying trigger

•Person of the same age/sex would have acted in the same way

Question 10

What are the two qualifying triggers? Case to support

Answer 10

•Serious fear of violence (R v Ward 2012) - house party head butt

•Thing said or done