Paper 2

Question 1

Actus Reus of murder

Answer 1

unlawful killing
of a reasonable creature
under the queens’ peace

Question 2

Mens rea of killing

Answer 2

malice athorthought

express or implied

Question 3

R V Martin

Answer 3

Used to much force (unreasonable and unforeseeable)

Question 4

Reasonable creature

Answer 4

Attorney general reference no3 of 1994

life starts at birth, existence indpeant of the mother

Question 5

R v Malcherek and steel

Answer 5

legally life ends at brain death

Question 6

Alredale Trust v Bland

Answer 6

life support can be switched off before brain death, if in best interest and if in a vegetative state

Question 7

R v Clegg

Answer 7

The priminster has to declare war to not be under the queen’s peace

Question 8

express malice

Answer 8

intent to kill

Question 9

Implied malice

Answer 9

intent to cause GBH

Question 10

DPP v Smith

Answer 10

serious harm

Question 11

R v Vickers

Answer 11

Implied malice

intent to cause GBH is sufficient enough men’s rea for a murder conviction

Question 12

Direct intent

Answer 12

R V Mohan

where the defendant aims to cause a particular consequence

Question 13

Indirect intent

Answer 13

R v Woolin

1) the consequence was virtual certainty
2) the defendant realised this

Question 14

factual causation

Answer 14

But for test

R v Pagett

Question 15

legal causation

Answer 15

operative and substantial test

R v Smith

Question 16

Broken chain

Answer 16

act of god
3rd party - R v Jordan
Victims own actions - R v William