Webcast and Revision Book

Question 0

What is the AR of murder?

Answer 0

Unlawful killing of a human being under the queens peace.

Question 1

What is the definition of murder?

Answer 1

Coke defines it as the unlawful killing of a human being under the queens peace with malice aforethought.

Question 2

Murder is a result crime. What must the prosecution prove?

Answer 2

That the D caused the V death in both fact and law.

Question 3

Name some other result crimes?

Answer 3

Manslaughter, wounding or causing GBH with or without intent, assault occasioning actual bodily harm.

Question 4

What is factual causation?

Answer 4

R v White - But for test. Would the V have died anyway but for the D’s actions.

Question 5

What is legal causation?

Answer 5

Where the D’s conduct was an operating and substantial cause of the result (Smith). Substantial meaning more than minimal (Hennigan, Hughes). It need not be the sole cause or main cause of death (Pagett).

Question 6

What does a supervening act do to the chain of causation?

Answer 6

It breaks it and relieves the D of liability.

Question 7

When will negligent medical treatment break the chain of causation?

Answer 7

Smith said only if it makes the original wound merely part of the history and if it was palpably wrong medical treatment (Jordan).

Question 8

Is a foetus a human being and if so can it be killed?

Answer 8

Poulton and Enoch confirm that it only becomes a human being when it is breathing independently of its mother.

Question 9

What does the case of R v Cheshire say with regards to medical treatment?

Answer 9

Treatment that falls below the standard expected happens too often to make it extraordinary.

Question 10

When a V is running from the D, will the D be liable if she dies as a result?

Answer 10

Yes unless her actions were so daft and unexpected it could not be foreseen (Roberts).

Question 11

If a D has a fight and hits V and they lose a lot of blood but cannot have a blood transfusion due to religious beliefs and dies, is he responsible for the death?

Answer 11

Yes, you must take your V as you find them (Blaue).

Question 12

What is the MR of murder and what is its meaning?

Answer 12

Malice aforethought. It means intention to kill or intention to cause GBH (Moloney).

Question 13

What is implied malice?

Answer 13

Intention to cause GBH.

Question 14

What is express malice?

Answer 14

Intention to kill.

Question 15

What is direct intent?

Answer 15

A person intends a consequence if it was his aim, purpose or desire (Steane).

Question 16

What is oblique intent?

Answer 16

If the consequence was virtually certain to occur as a result of the D’s actions (Woollin).

Question 17

If D intended to kill A but instead killed V would D be guilty of murder?

Answer 17

Yes, doctrine of transferred malice applies (Latimer) as it applies to all forms of MR.

Question 18

If the jury find that a D foresaw death or GBH as a virtual certainty must they find him guilty of murder?

Answer 18

They are not obliged to find that he acted with intent, they may find there was no intent present and he would be acquitted.

Question 19

What type of offence is murder?

Answer 19

Common law offence.