Murder

Question 1

Definition

Answer 1

The unlawful killing of a human being with the intention to kill or cause GBH

Question 2

Stage 1 Actus reus

Answer 2

Must be established that the D’s actions were the factual and legal cause of the victims death.
(establish this and then do causation issues)

Question 3

Factual causation

Answer 3

‘But for the defendants actions, would the result have happened anyway?’ (White)

Question 4

Legal causation

Answer 4

was the D ‘more than a slight or trifling link’ to the result (Kimsey)

Question 5

Mens rea

Answer 5

The mens rea of murder is the intention to kill or cause GBH
-Direct intent ‘Ds aim, purpose and desire to kill the victim’ (Mohan)
-Indirect intent ‘apply the virtual certainty test’ (Woolin)
transferred malice or coincidence rule

Question 6

Virtual certainty test

Answer 6

1) was death or serious injury a virtual certainty
2) Did the D realise this