MURDER

Question 1

actues reus of murder

Answer 1

unlawful killing of a reasonable creature under the kings peace

Question 2

general rule regarding an omission

Answer 2

an omission wont be the actues reus of an offence

Question 3

general exception to omission rule

Answer 3

murder can be committed through an omission where theres a pre exisiting duty to act

Question 4

r v martin?

Answer 4

force was unnessecary and unlawful

Question 5

what does ag ref no3 of 1994 say

Answer 5

an unborn child isnt a reasonable creature so cannot be murdered

life begins at birth

Question 6

r v malcharek and steel

Answer 6

life ends when your brain stem dead

Question 7

airdale nhs trust v bland

Answer 7

life sustaining treatment can/cannot be withdrawn from a patient in a persistent vegetative state as long as the court has given permission and it is in the patients best interests to do so

Question 8

dpp v clegg

Answer 8

a country isnt under the kings peace when war has been declared

Question 9

vickers?

Answer 9

intention to cause GBH but not to cause death is sufficient to establish the mens rea for murder

Question 10

r v matthews and alleyne

Answer 10

the jury may find oblique intention by considering the Woollin test: is the consequence virtually certain (VC) as a result of D’s actions and does D know this?

Question 11

two types of mens rea

Answer 11

express or implied

Question 12

two types of express malice

Answer 12

direct- d aims to kill
indirect- d realises death is VC

Question 13

two types of implied malice

Answer 13

direct- aims to cause gbh
indirect- d realises gbh is VC

Question 14

wheres murder defined

Answer 14

This is defined in common law as an unlawful killing with malice aforethought.