Murder

Question 1

Type of offence

Answer 1

Common law

Question 2

Maximum sentence

Answer 2

Non-discretionary (life sentence)

Question 3

Definition

Answer 3

Lord Coke “unlawful killing of a reasonable creature in being during the King’s peace, with malice aforethought either expressed or implied”

Question 4

AR (reasonable creature)
(2 cases)

Answer 4

Required to be a human being.
(Attorney Ref Gen 3) - foetus becomes human when it has expelled from mother.
(R v Malcherek) - brain stem dead = victim is already dead

Question 5

AR (causation)

Answer 5

Normal rules of causation apply.

Question 6

MR

Answer 6

Direct expressed or implied intention to kill or cause GBH (R v Cunningham)
Can be liable if outcome is virtually certain (R v Nedrick)