Murder

Question 1

What is the definition of murder?

Answer 1

An unlawful killing of a reasonable creature in being under the queens peace with malice aforethought.

Question 2

What are the acts reus of murder?

Answer 2

1. Sound memory and age of discretion
2. Unlawful killing (Re A)
3. Reasonable creature in being (AGR 1994)
4. Under queens peace

Question 3

What is meant by unlawful killing?

Answer 3

Certain defences allow for lawful killing e.g. self defence.

Re A-
- Separation of conjoined twins save one knowing the other would die, not unlawful killing as otherwise both would die.

Question 4

What is meant by a reasonable creature in being?

Answer 4

Person who is born and not dead in the fact they are capable of living.
A child who is able to have an existence independent of it’s mother.

Attorney General reference 1994-

• Baby died after the stabbing but as it was still in the womb could not be convicted of murder.
• If it had died due to the stabbing after taking its first breath = conviction.

R V Malcherek-

• Pronounced brain dead and doctors switched off the life support machine.
• Did not end his life as he was already dead nor did he break the chain of causation.

Question 5

What are the mens rea of murder?

Answer 5

Means rea is malice aforethought this can be through:

• Intention to kill (R V Mohan)
• Intention to cause GBH (R V Vickers)

Question 6

What happened in the case of Vickers?

Answer 6

Broke into a shop, he punched owner several times and kicked her in the head once she saw him. She died.

• Intention to cause GBH is sufficient mens rea to prove malice aforethought.

Question 7

What is the test for indirect intent?

Answer 7

The case of Woolin confirmed virtual certainty test originally established in Nedrick:

• Was death/GBH virtually certain?
• Did D know death/GBH was virtually certain?

Question 8

How did the law develop on oblique intent?

Essay question

Answer 8

Criminal justice act 1967 states court/jury when determining whether a person has committed an offence: A) Shall not be bound in law to infer that he intended/foresaw a result of his actions by reason only of it being a natural and probable consequence of the actions.
B) But will decide whether he did intend/foresee that with reference to all the evidence.

Nedrick-
- COA stated if D realised death or serious injury was ‘virtually certain’ as a result of their conduct then the jury can find them guilty.

Woollin-
- Confirmed the test in Nedrick of virtual certainty, if test satisfied can find foresight of consequences = intention.