Q10) Murder (30)- completely done

Question 1

What is murder intro?

Answer 1

• An indictable common law offence.
• Mandatory life sentence.
• Originating from Lord Cokes ideas in 1779
• UK, HB, QP, MAE, MAI.

Question 2

What is the actus reus of murder?

Answer 2

-The unlawful killing of a human being under the queens peace.

Question 3

What is the mens rea of murder?

Answer 3

• Malice aforethought express.

- Malice aforethought implied.

Question 4

What are the two types of intention?

Answer 4

• Oblique intention.

- Direct intention

Question 5

What is malice aforethought implied?

Answer 5

-Where the defendant only meant to inflict GBH (‘really serious harm’) as defined in DPP V Smith) onto the victim- R V Vickers 1957.

Question 6

What is malice aforethought express?

Answer 6

A direct intention to kill. (R V Mohan).

Question 7

Which case establishes direct intention?

Answer 7

R V Mohan.

Question 8

What is oblique intention?

Answer 8

Where the outcome was not the aim of the defendant but is a virtual certainty based on their actions (R V Woolin 1998).

Question 9

Which case for MR?

Answer 9

• Malice aforethought express (Mohan)
• Malice aforethought implied (DPP V SMITH) (R v Vickers).
• Oblique intention- R V Woolin.
• Direct intention- Mohan.

Question 10

What should also be mentioned in a murder answer?

Answer 10

Causation.

Question 11

R V Mohan

Answer 11

-Death was the aim.

Question 12

R V Woolin?

Answer 12

• man threw his small baby up a wall because they had been crying
• it was not his intention to kill, but it was a virtual certainty that such a young infant would die as a result of his action