Murder [Fatal Offences]

Question 1

What is the definition of the offence?

Answer 1

Defined by Lord Coke in the 17th Century as ‘the unlawful killing of a reasonable person in being, under the Queen’s peace, with malice aforethought express or implied’.

Question 2

What is the sentence given to a defendant, if charged?

Answer 2

A mandatory life sentence

Question 3

What is the FIRST element of the Actus Reus?

Answer 3

The killing must be unlawful. It would be lawful if done during the course of war or done in self-defence (Clegg).

Question 4

What is the SECOND element of the Actus Reus?

Answer 4

The killing can be done by positive voluntary act or by omission (Gibbons and Proctor).

Question 5

What is the THIRD element of the Actus Reus?

Answer 5

The victim must have been alive at the time of the murder. A foetus is not classed as alive (Att-Gen Ref [No3 of 1994]) unless fully expelled (Poulton) and doctors are allowed to turn off the life-support machine of a ‘brain dead’ patient (Malcherek and Steel).

Question 6

What is the FOURTH element of the Actus Reus?

Answer 6

The killing of an enemy soldier during the course of war is not murder as it was at war and therefore not under the Queen’s peace.

Question 7

What is the FIRST element of the Mens Rea?

Answer 7

Express malice aforethought can be done with direct intention, when D wants/desires to kill (Byrne), or with oblique intention, when D may not want to kill but death/serious injury is a virtual certainty as a result of their actions and D appreciates this (Woolin).

Question 8

What is the SECOND element of the Mens Rea?

Answer 8

Implied malice aforethought is applicable when D intends to cause Grievous Bodily Harm but the victim dies (Vickers).