Fatal Offences: Murder

Question 1

Who defined murder?

Answer 1

Lord Coke

Question 2

What did Lord Coke define murder as?

Answer 2

‘The unlawful killing of a human being under the king’s peace in any country of the realm with malice aforethought’

Question 3

What kind of law is murder?

Answer 3

Common law

Question 4

What is the AR for murder?

Answer 4

Unlawful killing
Human being
King’s peace
In any country of the realm

Question 5

What is an unlawful killing?

Answer 5

Where the killing is held to be unlawful

Question 6

When will the killing be lawful?

Answer 6

Due to necessity
Self defence

Question 7

What happened in ReA?

Answer 7

If conjoined twins not separated, both would have died, so was lawful to separate them due to necessity

Question 8

What is a human being?

Answer 8

‘Independent existence outside of the womb’

Question 9

What happened in the AG Ref No3?

Answer 9

Violence towards a fetus which dies after is been born can amount to murder

Question 10

What happened in Malcherek v Steel?

Answer 10

At the time of switching off the machine, the V’s were already brain dead, so the doctor’s werent liable

Question 11

What does under the king’s peace mean?

Answer 11

Killing enemy soldiers during a time of war won’t constitute the AR for murder

Question 12

What does any country of the realm mean?

Answer 12

If the D is a british citizen, can be tried in UK for murder comitted in another country

Question 13

What are the principles of causation?

Answer 13

CIF + CIL - NAI = Guilty

Question 14

What is CIF?

Answer 14

‘But for’ the D’s actions, victim wouldn’t have died

Question 15

What happened in the case of White?

Answer 15

Not liable as his mum would have died anyway

Question 16

What is CIL?

Answer 16

D is morally responsible
More than minimal cause
Accelerated the V’s death

Question 17

What happened in Pagett?

Answer 17

D convicted as he was MMA for the death of his girlfriend

Question 18

What are NAI?

Answer 18

An intervening act, will remove liability from D

Question 19

Contributory negligence

Answer 19

Longbottom - D guilty as V was deaf

Question 20

Escape of the victim

Answer 20

Roberts - D guilty, what girl did was reasonable

Question 21

Victim’s treatment of themselves

Answer 21

Dear - re opened stab wounds

Question 22

Intervention of a 3rd party

Answer 22

Jordan - Doctors were palpably wrong, given allergic antibiotics

Question 23

Eggshell conditions

Answer 23

Dont break the chain of causation

Question 24

What happened in Blaue?

Answer 24

Was a Jehovah’s witness so unable to break chain

Question 25

What is the MR for murder?

Answer 25

Malice aforethought
Intention to kill or cause GBH

Question 26

What is direct intent?

Answer 26

D has aim and desire to prodce certain outcome

Question 27

What happened in Mohan?

Answer 27

D had intent to cause harm as he accelerated

Question 28

What is oblique intent?

Answer 28

Death or serious injury is a virtual certainty of D’s actions

Question 29

What happened in Woolin?

Answer 29

Threw baby to pram, suffered injuries and died, was guilty of manslaughter