AOS2 - Murder and its Elements

Question 1

Murder

Answer 1

• the unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful justification

Question 2

Types of lawful killings

Answer 2

• self-defence
• war
• death sentences

Question 3

Elements of murder

Answer 3

• the accused killed a human being (actus reus)
• the accused’s act was voluntary (actus reus)
• the accused’s act caused the death of the victim (actus reus)
• the accused acted with intention or recklessness (mens rea)
• the killing was unlawful (no valid defences)

Question 4

Death of a human being

Answer 4

• cannot be an object, animal, or unborn child
• death is the irreversible cessation of circulation of blood in the body or the irreversible cessation of all functions of the brain

Question 5

Act was voluntary

Answer 5

-accused must have conscious and deliberate control of their bodily movements when committing the acts that killed the victim
- not voluntary when:
- sleepwalking
- epileptic seizure/muscle spasms
- unintentionally fell
- involuntarily and grossly intoxicated

Question 6

Causation

Answer 6

• the prosecution must prove a direct, unbroken, causal link between the accused’s actions and the death of the victim
• does not have to be the only cause. but must:
  
  • be a substantial/operating cause of death
  • have made it a natural consequence for the victim to seek escape

Question 7

Intervening acts (‘novus actus interveniens’)

Answer 7

• may break the chain of causation
• e.g.:
  
  • any act of nature that is spontaneous, irregular, and unpredictable
  • medical treatment must be so palpably/overwhelmingly bad to be considered an intervening act
• the victim must be taken as they’re found, no particular beliefs, allergies, or sensitives aren’t intervening acts