Murder-mens rea

Question 1

what is the definition of murder mens rea?

Answer 1

(Sir Edward Coke)-malice aforethought express or implied

• 4 types of mr for murder:
  
  • direct express-aim/purpose/motive is to kill
  • oblique express-death is a virtual certainty and D knows
  • direct implied-aim/purpose/motive is GBH
  • oblique implied-GBH is a virtual certainty and D knows

Question 2

what is the first step and cases of murder mens rea?

Answer 2

express or implied malice

• express malice-intention to kill
• implied malice-intention to cause GBH
  
  • (Vickers)-intention to cause GBH resulting in death of victim is enough to imply the necessary intention for murder
• mr for murder can be express or implied

Question 3

what is the second step for murder mens rea?

Answer 3

direct and oblique intent

• direct intent-aim/purpose or motive (Mohan)
• oblique intent-aim is something different to consequence but d knows consequence is virtually certain (Woolin)