Murder

Question 1

what is murder defined as

Answer 1

the unlawful killing of a reasonable creature in being under the kings peace, with malice aforethought

Question 2

what are the two ways murder can be caused

Answer 2

act or omission

Question 3

what are the 5 (6) omission cases

Answer 3

r v pitwood - contract
r v stone and dobinson - assumed responsibility
r v gibbins and proctor - relationship
r v dytham - public office
r v miller - creation of a dangerous situation
(r v santana bermudez - dangerous situation)

Question 4

what are the two types of causation

Answer 4

factual and legal

Question 5

what case is used for factual causation ( and acts of a third party - legal causation )

Answer 5

pagett

Question 6

what is the test used for factual causation

Answer 6

but for test

Question 7

what case is used for legal causation

Answer 7

smith

Question 8

what must exist for legal causation

Answer 8

an unbroken chain of causation

Question 9

what two cases show v`s actions breaking the chain of causation

Answer 9

r v williams
r v roberts

Question 10

what case is used for medical professionals breaking the chain of causation and what circumstances must apply

Answer 10

r v jordan - unreasonable, unforeseeable and palpably wrong

Question 11

what case creates the thin skull rule

Answer 11

r v blaue

Question 12

when does the thin skull rule apply and what must D do with their victim

Answer 12

the thin skull rule applies when V has a hidden weakness which caused something unexpected to happen. this does not break the chain of causation as D must take their victim as they find them.

Question 13

what is the test is used for legal causation

Answer 13

operative and substantial cause

Question 14

what are the 4 elements of actus reus for murder

Answer 14

1 - killing
2 - unlawful
3 - RCB
4 - Kings peace

Question 15

what case is used for unlawful ( unnecessary ) killing

Answer 15

r v martin

Question 16

what case is used to define a reasonable creature in being (RCB)

Answer 16

attorney generals reference ( 3 of 1994 )

Question 17

what case defines end of life

Answer 17

r v malcherek and steel

Question 18

when, according to malcherek and steel, does a person die

Answer 18

when their brain stem is no longer functional.

Question 19

what case defines when treatment can be withdrawn

Answer 19

airedale trust v bland

Question 20

what case defines the kings peace

Answer 20

r v clegg

Question 21

when is the country not under the kings peace

Answer 21

if war has been officially declared (last time - WWII)

Question 22

what is the mens rea for murder

Answer 22

“malice aforethought” - express or implied

Question 23

what do the two types of malice mean

Answer 23

express malice - intends to kill
implied - intends to cause GBH

Question 24

what case defines GBH

Answer 24

DPP v smith

Question 25

what case is used for implied malice

Answer 25

r v vickers

Question 26

what case defines direct intent

Answer 26

r v mohan

Question 27

what case defines indirect ( oblique ) intent

Answer 27

r v woollin

Question 28

when can a jury find oblique intent

Answer 28

1. the death / consequence was virtually certain 2. D realised the consequence was a virtual certainty

Question 29

what are the 4 options for type of malice

Answer 29

1. express malice direct intent 2. express malice indirect intent 3. implied malice direct intent 4. implied malice indirect intent

Question 30

what must AR and MR do to be together

Answer 30

coincide - happen at the same time

Question 31

if AR and MR do not coincide what must be shown to make them coincide

Answer 31

either: - single transaction - continuing act

Question 32

what case is used for single transaction

Answer 32

r v thabo meli

Question 33

when does single transaction apply

Answer 33

when mens rea exists at the start of actus reus, but not at the end

Question 34

what case is used for continuing act

Answer 34

fagan v mpc

Question 35

when does continuing act apply

Answer 35

when there is no mens rea when actus reus starts but mens rea is gained during the actus reus

Question 36

what case is used for transferred malice

Answer 36

r v latimer

Question 37

when can transferred malice apply

Answer 37

when D has mens rea for one actus reus but does the actus reus to the wrong person, e.g intending to injure one person and accidentally injuring another

Question 38

when can transferred malice not apply

Answer 38

when the mens rea is for a different actus reus, e.g intending to injure someone and breaking a window instead

Question 39

what case is used for when transferred malice cannot apply

Answer 39

r v pembilton