murder quick revision

Question 1

Define murder - Lord Coke

Answer 1

The unlawful killing of a reasonable person in being and under the or Queen’s Peace with malice aforethought, express or implied.

Question 2

Reasonable creature in being

Answer 2

Means “a human being”

A living person must be killed.

Question 3

Example of an omission causing death

Answer 3

R v Gibbins and Proctor - Withheld food from a girl, which starved her to death.

Question 4

Is a foetus a reasonable creature in being?

Answer 4

No - It has to have an “existence independent. of the mother”

Attorney-General’s Reference (No. 3 of 1994)(1997)

Question 5

Killing must be unlawful

Answer 5

The killing must be unlawful.

Lawful if:

• in self-defence
• in defence of another
• in the prevention of crime
• if the defendant used reasonable force in the circumstances

Question 6

Thin skull rule

Answer 6

R v Blaue

Question 7

“More than a slight or trifling link” - factual causation

Answer 7

R v Kimsey

Question 8

Queen’s peace

Answer 8

The killing of an enemy in the course of war is not murder.

Question 9

Jurisdiction of murder

Answer 9

By any British citizen in the world.

Any murders in E+W.

Question 10

Factual causation

Answer 10

Would the person have died “BUT FOR” the defendant’s act?

Question 11

Legal causation

Answer 11

Was the defendant’s act more than a minimal cause?

Question 12

But for test - factual causation

Answer 12

but for test” - R v Pagett

Question 13

Did anything break the chain of causation?

Answer 13

Were there any intervening acts?

Question 14

Mens rea

Answer 14

Malice aforethought, express or implied

Question 15

Express malice aforethought

Answer 15

The intention to kill

Question 16

Implied malice aforethought

Answer 16

the intention to cause GBH

Question 17

What is meant by GBH?

Answer 17

Really serious harm - DPP v Smith

Question 18

R v Mohan

Answer 18

Defined intention

Question 19

R v Moloney

Answer 19

Foresight of consequence is only evidence from which intention may be inferred.

Question 20

Transferred malice

Answer 20

D intented to commit a similar crime against a different victim.

e.g. Latimer, Pembliton or Gnango

Question 21

Principle of coincidence of AR and MR

Answer 21

AR and MR must happen at similar times

e.g. Thabo Meli v R or Church

Question 22

Continuing act

Answer 22

Fagan - D developed MR at similar time to AR.