murder

Question 1

define murder

Answer 1

Murder is the unlawful killing of a reasonable human being under the queens peace with malace aforthought express or implied

Question 2

what type of law and sentence type is it

Answer 2

a common law statute with a mandatory life sentence

Question 3

what elements of causation must be included in a murder essay

Answer 3

Factual causation, legal causation (de-minimus rule), break in the chain, medical negligence and thin skull

Question 4

what case supports factual causation

Answer 4

R v white

Question 5

give the facts of R v white

Answer 5

D intended to kill his mother by poisoning her but she died of a heart attack hours before, D was not the substantial cause but was convicted of attempted murder

Question 6

What case supports legal causation

Answer 6

R v Kimsey

Question 7

what are the facts of R v kimsey

Answer 7

D and V were involved in a high speed car chase and V died. The courts said that D was a substantial cause to her death and was therefore liable with no intent to murder.

Question 8

What case supports victims own conduct as an intervening act

Answer 8

R v Roberts

Question 9

what are the facts of R v Roberts

Answer 9

V jumped out of the car at high speed to escape a sexual act from D. D was not guilty of section 47. offences against the person act because he did not intend for her to jump out of the car.

Question 10

What are the cases supporting medical negligance

Answer 10

R v Jordan and R v cheshire

Question 11

what are the facts of R v Jordan and R v cheshire

Answer 11

Jordan: V admitted to hospital after a stab wound and given liquids he was alergic to. He died from the liquid not the stab wound.

Cheshire: V was admitted to hospital after a shooting and suffered breathing problems from the tubes provided. He died 7 weeks later after the wounds were healed. the tubes were not substantial alone to kill.

Question 12

what case supports the thin skull rule

Answer 12

R v Blaue

Question 13

what are the facts of R v blaue

Answer 13

V refused to have a blood transfusion on religious grounds after D stabbed her. D still convicted of murder because you must ‘ take your victim as you find them’

Question 14

What case supports murder in relation to a foetus

Answer 14

Attorney generals reference

Question 15

what are the facts of attorney generals reference

Answer 15

D stabbed a pregnant woman in the face. The baby was born premature and died an early age. D was convicted of manslauter and not murder because a foetus is not a human being.

Question 16

When does a person cease to be a human being and what are the cases to support

Answer 16

when the brain stem becomes no longer active and the person is kept alive by artificial means.
malcherek and steel

Question 17

what are the facts of malcharek and steel

Answer 17

Both cases held where the defendants had harmed their wives. Both on life support machines and the doctors turned them off, so D’s appealed that it was a novus intervenious interaction. Appeals rejected.

Question 18

what cases are used in support of the householder criteria in support of murder

Answer 18

R v martin

R v Beckford

Question 19

what happened in the cases of R v martin and R v beckford

Answer 19

R v martin-shot two intruders in the back as they left his house, he could not use the householder criteria as self defense because defense was disproportionate.

R v Beckford- Police officer shot at V who was terrorising his family with a gun, he shot at V as he left the premesis and the defence was disproporitionate