Murder

Question 1

What is murder defined under?

Answer 1

Lord Coke defines it as “the unlawful killing of a reasonable creature in being, and under the kings peace, with malice aforethought expressed or implied”.

Question 2

1. Unlawful Killing

Answer 2

Can be by positive act or omission

A killing is not murder if deemed lawful e.g operating to save one patient (Re A)

Question 3

2. Human being

Answer 3

Human life begins when the person has “ an independent existence outside the womb” (AG Ref No 3 1994)

Question 4

3. Kings peace

Answer 4

D has not killed V in battle (R v Page)
Killing in war does not constitute to murder or manslaughter

Question 5

4. Causation

Question 6

5. Malice Aforethought (Mens Rea)

Answer 6

If expressed;
D may have direct intent - aim for V’s death (R v Mohan)
D may have oblique intent - V’s death is a virtual certainty by D’s actions (R v Woolin)

If Implied;
D intends to cause GBH (DDP v Smith)