Murder

Question 1

What is the actus reus of murder?

Answer 1

The unlawful killing of a reasonable creature in being under the King’s Peace

Question 2

Who made the common law based definition of murder?

Answer 2

Lord Coke

Question 3

When does a killing become unlawful?

Answer 3

A killing is unlawful if it is not authorised, justified or excused by law

Question 4

What is the case study for unlawful in murder actus reus?

Answer 4

R V Clegg

Question 5

What are some examples of lawful killings?

Answer 5

1. Self defence
2. War
3. Necessity

Question 6

What does it mean to be dead in the actus reus of murder?

Answer 6

A brainstem death marks the legal definition of death

Question 7

What is the case study for killing in the actus reus of murder?

Answer 7

R V Malcherek

Question 8

What is meant by a reasonable creature in being in the actus reus of murder?

Answer 8

Refers to a living human being

Question 9

What is the case study for reasonable creature in being in the actus reus of murder?

Answer 9

R V Malcherek

Question 10

What is meant by under the kings peace in the actus reus of murder?

Answer 10

Anything but killings during lawful warfare

Question 11

What is the case study for under the kings peace in the actus reus of murder?

Answer 11

R V Sergeant Blackman

Question 12

What is the mens rea for murder?

Answer 12

Malice aforethought which can either be expressed or implied

Question 13

What does express malice aforethought mean?

Answer 13

The defendant has a direct intention to kill

Question 14

What does implied malice aforethought mean?

Answer 14

The defendant has an intention to cause grevious bodily harm and death results from their actions

Question 15

What is the case study for express malice?

Answer 15

R V Shipman

Question 16

What is the case study for implied malice?

Answer 16

R V Vickers