Murder

Question 1

Define Murder

Answer 1

“The unlawful killing of a reasonable person while being under the King’s peace with malice aforethought”

Question 2

AR of Murder

Answer 2

• D caused the death of V
• V was a reasonable person in being
• The killing was unlawful
• The killing occured under the King’s Peace

Question 3

Explain D caused the Death (Causation)

Answer 3

• D must cause V’s death, through an act or omission where a duty exists.
• Factual Causation: ‘but for’ test (R v White)
• Legal Causation: D must be a more than minimal cause of death (R v Smith) -> Poor medical treatment did not break the chain of causation

Question 4

Explain Reasonable Person in Being

Answer 4

• The V must be a human being legally alive.
  Foetus Rule: A Foetus is not considered a person in law. (R v Poulton) - Killing a foetus is not murder
• Legally dead when Brain Stem Death - R v Inglis

Question 5

Explain Killing Must be Unlawful

Answer 5

• The killing must not be justified by law. such as from Self-Defence, Defence of another, Prevention of Crime.
• (Airedale NHS Trust v Bland): Withdrawal of life support was lawful.

Question 6

Explain Under the King’s Peace

Answer 6

This means the killing occurs in peacetime within society

Question 7

MR Direct Intent to kill Murder

Answer 7

R v Mohan (Direct Aim or Purpose)

Question 8

MR inDirect Intent to kill Murder

Answer 8

R v Woolin (foreseen death is virtually certain)

Question 9

MR Direct Intent to cause GBH

Answer 9

R v Cunningham (deliberate nature attack)

Question 10

MR inDirect Intent to cause GBH

Answer 10

R v Nedrick (serious harm was virtually certain)