Murder Facts

Question 1

Lord Coke definition of murder

Answer 1

‘unlawful killing of a reasonable creature in being under the kings peace, with malice aforethought, either expressed or implied’

Question 2

Actus Reus of murder

Answer 2

‘the act or omission that brings about the death of the victim’

Question 3

Factual cause

Answer 3

‘but for’ the d’s actions, the v would not have been killed in that way or at that time

Question 4

Legal Cause

Answer 4

the d must be the operating and substantial cause of the v’s death with no breaks in the chain of causation

Question 5

Mens Rea of Murder
All types

Answer 5

direct intent
indirect intent
intent to cause serious harm of v

Question 6

Direct intent

Answer 6

d intends a specific aim, objective or consequence

Question 7

Indirect Intent

Answer 7

main aim is not to kill or cause serious harm

Question 8

Diminished Responsibility
S.52 Coronerd and Justice Act 2009

Answer 8

‘an abnormality of mental funtioning that arose from a recognised medical condition that substantially impaired the d’s ability to (1A0 and provides an explanation for the d’s actions’

Question 9

Diminished Responsibility
Abnormality of Mental Functioning

Answer 9

‘does the d have ‘a mind so different from an ordinary person’ that a reasonable man would deem it abnormal’

Question 10

Diminished Responsibility
Substantially Impairs

Answer 10

impairment is ‘more than trivial or minimal but less than total’
must substantially impair ability to ‘understand nature of conduct’, ‘form a rational judgement’ or ‘excersise self control’

Question 11

Diminished Responsibility
Provides an Explanation

Answer 11

‘there must be a significant link between the abnormality and the conduct resulting in the v’s death’

Question 12

Loss of Control
s.54 and 55 Coroners and Justice Act 2009

Answer 12

‘the d lost control, had a qualifying trigger and passed the objective test’

Question 13

Loss of Control
The d lost self-control

Answer 13

It must be shown the d was out of ocntrol at the time of the murser. If there is evidence they were a ‘master of their own mind’, the defence will not succeed. A time delay can occur between provoking act and murder but the jury must believe
the d remained out of control.

Question 14

Loss of Control
Qualifying trigger

Answer 14

1. d intends serious violence from v
   2.anger trigger
   3.combination of both
   ‘in statute, there are 3 ways the d can be triggered. Fear of serious harm, anger trigger or a combination’

Question 15

Loss of Control
Restrictions on qualifying triggers

Answer 15

1. Incitement
2. Sexual infedelity
3. Revenge

Question 16

Loss of Control
The Objective test

Answer 16

‘would a person of the d’s sex and age, with a degree of normal tolerance and self restraint and in the circumstances of the d, might have reacted in the same or a similar way’

Question 17

Loss of Control
The fear trigger

Answer 17

d fears serious violence from the v
must be against d or another identifiable person

Question 18

Loss of Control
The anger trigger

Answer 18

‘things said or done from a grave character but also caused the d to have a justifiable sense of being seriously wronged’