Murder

Question 1

who defined murder and what is it’s definition?

Answer 1

Lord Coke
‘the unlawful killing of a human being under the queen’s peace, in any country of its realm, with malice aforethought, express or implied’

Question 2

what are the 5 areas of murder?

Answer 2

1. unlawful killing
2. human being
3. queens peace
4. causation
5. mens rea

Question 3

what does ‘unlawful act’ mean?

Answer 3

the killing can be an act or an omission

Question 4

what case example can be used for ‘unlawful killing’?

Answer 4

Gibbins & Proctor - Ds let their 7 year old daughter starve to death. Guilty.

Question 5

what does ‘human being’ mean?

Answer 5

A foetus is not independent from a mother and does not have independent circulation so is not a human being.
People on life support are brain dead so not considered human beings.

Question 6

what does ‘under the queens peace’ mean?

Answer 6

the country is not at war

Question 7

what case example can be used for ‘under the queens peace’?

Answer 7

Adebolajo - D wanted someone to experience war suffering like in his country. He decapitated an off duty British Soldier in London City Centre.

Question 8

what is factual causation?

Answer 8

‘but for’ the defendant’s actions, would the victim have survived?

Question 9

what is legal causation?

Answer 9

the defendant must be a ‘more than minimal cause’ of death / morally responsible for the crime

Question 10

what are the 7 intervening acts?

Answer 10

1. eggshell conditions
2. escape of the victim
3. self-treatment / refusal
4. third parties
5. life support
6. self injection
7. natural disasters

Question 11

what are the 4 types of intention for murder?

Answer 11

1. direct intent to kill
2. oblique intent to kill
3. direct intent for GBH
4. oblique intent for GBH