Murder Application

Question 1

What is the definition of murder

Answer 1

The unlawful killing of a human being, with the intention to kill or cause GBH

Question 2

Actus reus
What are the causations

Answer 2

Factual causation
Legal causation

Question 3

Actus reus
Factual causation
Case?

Answer 3

‘But for’ defendants actions would have the results have happened anyway (white)
APPLY

Question 4

Actus Reus
Legal causation
Case?

Answer 4

Asks was defendant a significant contribution to the death, meaning defendant was more than a “slight or trifling link” to the result (Kimsey)

Question 5

What are the causation issues and their cases

Answer 5

Escape attempt- Robert’s
Bad medical treatment- Cheshire
V doesn’t seek medical treatment- Holland
Acts of 3rd party- Pagett
Life support- malcherick and steel
Thin skull rule- blaue

Question 6

Causation issues
Life support and the case

Answer 6

Malcherick and steel
No break in chain

Question 7

Causation issues
Thin skull rule

Answer 7

Blaue
No break because defendant must take their victim as they find them

Question 8

Men’s rea
Guilty _

Answer 8

The men’s tea of murder is the intention to kill or cause GBH
Mind

Question 9

What is the exam tip for men’s Rea

Answer 9

Explain both intentions then apply to ONE

Question 10

Direct intent

Answer 10

If defendant intended to kill=direct intent=defendants aim, purpose and desire to kill the victim (Mohan)

Question 11

Indirect intention and the case

Answer 11

If defendant intended to cause GBH=indirect intent- apply virtual certainty test (Woolin)

Question 12

What are the steps to virtual certainty test

Answer 12

1) was death or serious injury a virtual certainty as a result of defendants actions (objective)
2) did defendant realise this? (Subjective)