murder

Question 1

what are the key features of murder?

Answer 1

-its a common law offence
-its an indictable offence
-carries a mandatory life sentence

Question 2

what is the actus reus of murder?

Answer 2

-the unlawful killing of a human being

Question 3

break down the actus reus of murder

Answer 3

-unlawful - is there a defence? if no its unlawful (R v Clegg)
-killing - ‘causing death’
-causing - usual rules of causation
-death - medical test meaning ‘brain stem death’ (R v Inglis)
-Human Being - being alive and breathing through your own lungs

Question 4

what is the mens rea of muder?

Answer 4

-malice aforethought
-intent to kill or cause really serious harm
-DPP v Smith