Murder

Question 1

Lord Coke’s definition of murder

Answer 1

‘The unlawful killing of a reasonable creature in being under the King/Queen’s peace with malice aforethought, express or implied.”

Question 2

4 Actus reus aspects of murder

Answer 2

1. The D killed.
2. Reasonable creature in being- Not a foetus.
3. Under the King/ Queens peace- Not in a war zone.
4. The killing was unlawful.

Question 3

D was killed
R V Gibbons and Proctor 1918

Answer 3

• Gibbins (dad) + Proctor (partner) deliberately starved 7yr old daughter.
• Duty of care established and omission as murder.

Question 4

Reasonable creature
Attorney- Generals reference No.3 of 1994

Answer 4

• D stabbed pregnant girlfriend causing her to give birth early and the baby to die.
• The H.O.L ruled it was not possible to transfer malice as the foetus is not a person but rather a ‘unique organism’.

Question 5

Re A (conjoined twins)

Answer 5

• Conjoined twins born sharing vital artery.
• Courts allowed operation, applying necessity, as one twins life could be saved, therefore not murder.

Question 6

Killing will not be unlawful if

Answer 6

• In self-defence
• In defence of another
• In the prevention of crime and D used reasonable force in circumstances.

Question 7

Definition of express malice aforethought

Answer 7

• When a defendant had the specific intent to kill the victim.

Question 8

Definition of implied malice aforethought

Answer 8

• The accused demonstrated a conscious disregard for human life.

Question 9

Mens rea for murder
R V Vickers 1957

Answer 9

• Vickers broke into shop, got caught by old lady owner, proceeded to hit her several times w fists snf kicked her once in the head, she died due to injuries.
• COA upheld Vicker’s conviction for murder, its pointed out that where a D intends to inflict GBH & victim dies, it’s sufficient to imply malice aforethought.

Question 10

Direct Intention + express ma
R v Mohan

Answer 10

• Mohan driving when a police officer signalled him to stop, instead he accelerated toward officer, who had to jump out of the way to avoid being hit.

Question 11

Indirect intention + implied ma
R v Woollen

Answer 11

• Threw 3 month old baby toward pram against a wall, baby suffered head injuries when hitting wall and died.