Murder

Question 1

What is the definition of Murder?
How is it defined?

Answer 1

Define through Common Law - Lord Cokes definition 1797:
- “The unlawful Killing of a reasonable human being, under the Kings peace, with malice aforethought, express or implied.”

Question 2

Define unlawful killing with cases

Answer 2

• D causes death of V without legal permission - Re A (Conjoined Twins)
• Positive act
• Omission - Gibbins and Proctor

Question 3

Define Reasonable person in being with cases

Answer 3

• A human who is Alive
• Cannot be a foetus - AG’s Ref no 3 1994
• Cannot murder someone who is already dead - Malcherek (doesn’t break causation chain)

Question 4

Define Under the Kings peace with cases

Answer 4

The unlawful killing when not in a war circumstance - R v Page

Question 5

Define Malice Aforethought, Express or Implied. With cases

Answer 5

The intention to cause harm
- Express: To cause Death
- Implied: To cause GBH - R v Vickers

Question 6

Define direct and oblique intention with cases

Answer 6

• Direct Intent: D intends consequence of their AR
• chances of consequence of D’s AR is virtual certainty (Objective) but does D appreciate that (Subjective) - R v Woollin

Question 7

Murder and Transferred Malice, with cases

Answer 7

Transferred Malice applies to Murder - Gnango