1B - Murder

Question 1

What is the definition of murder?

Answer 1

the unlawful killing of a reasonable person in being under the Queen’s Peace with malice aforethought express or implied

Question 2

What is the actus reus of murder?

Answer 2

the unlawful killing of a reasonable person in being under the Queen’s peace

Question 3

What is the mens rea of murder?

Answer 3

malice aforethought

Question 4

The act of murder has to be ‘unlawful’, what are the lawful acts?

Answer 4

self-defense and an executioner

Question 5

What does ‘killing’ mean?

Answer 5

An act or omission (where there’s a duty to act)

Question 6

What does a person in being mean?

Answer 6

• Foetus - AG Ref No.3 of 1994 - 1997

- what if they are being kept alive by life support - R v Malcherek and Steel

Question 7

What doe under the Queen’s peace mean?

Answer 7

Peacetime so it’s not a time of war

Question 8

Causation of murder

Answer 8

Murder is a result crime so the prosecution must prove that D’s act or omission caused the death of the V

Question 9

Factual causation

Answer 9

But for test

Question 10

Legal causation

Answer 10

• more than the minimal cause
• operating and substantial cause
• no intervening act

Question 11

Breaking the chain of causation

Answer 11

• bad medical treatment
• V’s own actions were reasonable
• thin skull rule

Question 12

What does malice aforethought mean?

Answer 12

intention to kill or cause GBH

• express - intention to kill
• implied - intention to cause GBH
• no requirement for malice or pre-planning
• can be guilty of murder even if they did not intend to kill

Question 13

What is the foresight of consequences?

Answer 13

• the D may have intended another result (oblique intention)
  Intention to kill or cause GBH isn’t necessary unless the jury feels that death or serious injury was ‘virtually certain’ as a result of the D’s actions and D realised this

Question 14

Transferred malice

Answer 14

The mens rea can be transferred from the intended victim to the actual victim

Question 15

What is the contemporaneity rule?

Answer 15

• general principle that actus reus and mens rea can occur at the same time
• Continuing act
• Series of acts