Murder - Paper 1

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

What is the actus reus of murder?

Answer 2

The unlawful killing of a human being

Question 3

Under what circumstances will a killing be considered lawful?

Answer 3

1) Self-Defence
2) Times of War
3) Save a Life (Best Interests)

Question 4

At what point is someone considered a human being?

Answer 4

At birth, when they have an ‘independent existence outside the womb’

Question 5

Would a foetus be classed as a human being?

Answer 5

No

Question 6

How will the prosecution prove D caused the victim’s death

Answer 6

By proving they were the factual and legal cause of the death

Question 7

What is the mens rea of murder?

Answer 7

The intention to kill or cause GBH

Question 8

What does Direct Intention mean regarding murder?

Answer 8

D intended to kill

Question 9

What does Indirect/Oblique Intention mean regarding murder?

Answer 9

Death or serious injury was virtually certain, and D realised this