PAPER 1 MURDER

Question 1

What is the Actus Reus of murder?

Answer 1

The unlawful killing of a human being during the king’s peace

Question 2

What is the Actus Reus of murder essentially?

Answer 2

Requires an act or omission that has caused death

Question 3

What is first applied in murder

Answer 3

Whether it was act or omission
If omission explain duty situation
Factual/Legal Causation

Question 4

What is the mens rea of murder?

Answer 4

Malice aforethought express or implied

Question 5

What does thie mens rea consist of?

Answer 5

An intention to kill (express malice) or an intention to cause GBH (implied malice)

Question 6

Name a cases demonstrates express/implied malice

Answer 6

Vickers/Cunningham

Question 7

What is intention usually? With case and example

Answer 7

Intention is usually direct
e.g the defendant desires the outcome
(Mohan)

Question 8

What can happen sometimes linked to intention?

Answer 8

D will claim that the outcome was different from the one desired

Question 9

What happens in cases where D claims that the outcome was different from the one desired?

Answer 9

Intention can be based upon D’s foresight of the consequences

Question 10

What happened in Woolin?

Answer 10

The HL declared that if the consequence was virtually certain and D realised this, then the jury may find that he intended the consequences

Question 11

How is it applied the second time?

Answer 11

If direct intent why was D’s aim to kill or cause serious harm?

If oblique why was death or GBH a virtually certain consequence?