Murder

Question 1

Definition

Answer 1

Unlawful killing with malice aforethought

Question 2

2 ways of killing

Answer 2

Act or Omission

Question 3

Duties to act?

Answer 3

Contractual-Pittwood
Relationships-Gibbons and Proctor
Assuming responsibility Voluntarily-Stone and Dobbinson
Public Office-Dytham
Dangerous situation-Miller/Santana-Bermudez

Question 4

General rule regarding omissions

Answer 4

cannot be charged unless there is a duty to act but fails to do so (R v Gibbons and Proctor)

Question 5

Factual causation

Answer 5

“But for” test - R v Pagett

Question 6

Legal cause

Answer 6

Operative and substantial cause test meaning D was the main factor to V’s death - R v Smith

Question 7

Intervening Acts

Answer 7

To break the chain they have to be unreasonable and unforeseeable.
1. Acts of a third party - R v Pagett or medically palpably wrong - R v Jordan
2. Acts of the Victim - R v Roberts did not break the chain R v Williams did
3. Acts of God - Earthquake

Question 8

Thin Skull rule

Answer 8

D must take V as he finds them - R v Blaue

Question 8

Examples of Lawful killing

Answer 8

Police, War, Do not resuscitate, self defense

Question 9

Unlawful killing case

Answer 9

R v Martin

Question 9

Reasonable person in being

Answer 9

Start of life - Attorney Generals reference no.3 of 94. Fully expelled from the womb and able to live freely from a mother
End of life - R v Malcharek. Brain stem activity ceases
Poor quality of life- Airedale NHS Trust v Bland. Life sustaining treatment can be withdrawn from a patient in a persistent vegetative state as long as the court have given permission and its in the patients best interests.

Question 10

Under the Kings Peace

Answer 10

Country not at war. DPP v Clegg- Not officially at war so clegg was convicted

Question 11

2 types of malice

Answer 11

Express malice - D expressly intends to cause death
Implied Malice - D Intends to cause GBH but V dies. R v Vickers. Sufficient enough if V dies.
DPP v Smith - GBH is really serious harm

Question 12

2 types of Intention

Answer 12

Direct Intention - Mohan. D aimed/set out/decided to bring about a consequence.
Oblique Intention - Woollin. 1. Consequences of D’s actions ar virtually certain (Death) 2. D realises this

Question 13

Coincidence

Answer 13

Single transaction theory. Mens Rea extended to meet the Actus Reus. R v Thabo Meli
Continuing Act. Actus Reus is extended to meet the mens rea. Fagan v mpc

Question 14

Transferred malice

Answer 14

R v Latimer. Mens Rea cannot be transferred from people to property