Murder Template

Question 1

Prima facie

Answer 1

D could be charged with murder which is defined as the ‘unlawful killing with malice aforethought’ by Sir Edmund Coke

Question 2

AR of murder:

Answer 2

Unlawful killing.
Set out in Coke’s definition - death of a human being who is alive.

Question 3

Application

Answer 3

Was the victim a human?
Foetus isn’t human - AG ref
Person who is brain dead isn’t alive for legal purposes - R v Malcherek Steel

Question 4

Murder = result crime

Answer 4

Must be shown that Ds conduct caused death.
Prosecution must first establish factual causation
APPLICATION: but for…

Question 5

Prosecution must then prove legal causation

Answer 5

By establishing whether Ds conduct was an operating and significant cause of death.
New intervening acts may break the chain of causation courts are reluctant to find this as it leads to Ds acquittal.
APPLICATION: was Ds act an operating and significant cause of death?
Vs own actions - Roberts
Third party intervention - R v Paggett
Thin skull rule - R v Blaue
Medical intervention - R v Cheshire or R v Jordan

Question 6

MR of murder as defined by Coke

Answer 6

Malice aforethought.
This has been updated by case law to mean intention to kill or cause GBH, R v Vickers.
Intention can be direct = D intends and wants the result of death or GBH, R v Gregory and Mott.
Can also be indirect or oblique.
R v Woolin = a jury can find indirect intention if death or GBH was a virtually certain result of Ds actions and he appreciated this.
APPLICATION: direct or indirect intention to kill or cause GBH.

Question 7

Conclusion

Answer 7

D is/ isn’t guilty of murder