Murder

Question 1

Re A (conjoined twins) 2000

Answer 1

The murder must be unlawful. Doctors applied to court for permission to separate conjoined twins so one could be saved.

Baby B was living off of baby A, some thought that baby B was attacking baby A so separating them was self defence on behalf of baby A.

Question 2

AG 3 of ‘94

Answer 2

Homocide can not be charged in respect of a foetus, child must be independent from mother.

D stabbed pregnant partner’s stomach, killing the baby. Couldn’t be murder as baby was not yet independent.

Question 3

Adebolajo 2014

Answer 3

Killing must occur under the Queen’s peace to be murder.

D killed an off duty soldier, not during a time of war.

Question 4

Vickers 1957

Answer 4

Confirmed implied malice aforethought.

D repeatedly hit woman, intended to harm her not murder her.

Question 5

Cunningham 1981

Answer 5

Confirmed intent to commit GBH is sufficient MR for murder.

Question 6

R v Beckford

Answer 6

The prevention of crime and self defence will not be murder.

D’s appeal was allowed based on his genuine belief his life was in danger.

Question 7

R v Glegg

Answer 7

Using excessive force to prevent crime or self defence could still be murder.

D used excessive force, continued shooting at the car after it had passed him.