Murder

Question 1

Definition

Answer 1

The unlawful killing of a reasonable creature in being under the kings peace

Question 2

Unlawful killing

Answer 2

The D has not acted in self defence or prevention of crime

Question 3

Reasonable creature in being

Answer 3

As in the Attorney Generals reference (no.3 of 1994)(1997) the victim must be born alive and cannot be a foetus

Question 4

Kings peace

Answer 4

Cannot be in war

Question 5

factual causation

Answer 5

‘but for’ test

Question 6

legal causation

Answer 6

It must be proven that the D is the operating and substantial cause and there are no intervening acts which break the chain of causation

Question 7

Mens rea

Answer 7

Malice aforethought either expressed intent or implied intent
Expressed- intent to kill
Implied- intent to cause GBH