Fatal Offences- murder- CRIMINAL LAW (1)

Question 1

what is the definition of murder

Answer 1

murder is the unlawful killing of a reasonable person in being under the king’s peace with malice aforethought, express or implied.

Question 2

what case was murder defined in

Answer 2

Lord Coke in a 17th century case

Question 3

what is the actus reus of a murder

Answer 3

this is the unlawful killing of a reasonable creature in being and under the kings peace

Question 4

what 3 things must prove the actus reus of a murder

Answer 4

• the D has unlawfully killed
• a reasonable creature in being
• under the kings peace

Question 5

define unlawful killing

Answer 5

Killing someone on purpose, without legal reason.

The D must kill either through a positive act or omission. An omission is a failure to act and will only lead to liability if a duty of care is owed.

Question 6

what is the case for unlawful killing

Answer 6

Gibbons and Proctor.

they had a duty to act due to a relationship and not feeding her to cause starvation meant the D was convicted.

Question 7

what does causation mean

Answer 7

D can only be guilty if their act or omission cause the Vs death

Question 8

what does factual cause mean

Answer 8

’ but for’ the Ds actions the V wouldnt have died.

Question 9

what is the case for the factual cause

Answer 9

pagett and white

Question 10

what does the legal cause mean

Answer 10

the D was more than a minimal cause of the Vs death

Question 11

what is the case for legal cause

Answer 11

Kimsey

Question 12

What does intervening acts mean

Answer 12

There must be no intervening acts effecting the Ds liability as it would break the chain of causation for the D

for example medical treatment, self negelct, Vs own actions and the actions of a third party

Question 13

what does reasonable creature of being mean

Answer 13

this means a human being.
For murder, a person must be killed.

Question 14

what 2 things are not considered as a reasonable creature of being

Answer 14

foetus
brain dead person

Question 15

what is the case example for a foetus and the legal principle

Answer 15

A-G Ref (No 3 of 1994) (1997)
legal principle: if a baby sustains injuries whilst in the womb and later dies from these injuries once born, then this could amount to murder.

Question 16

the child must have a.. for it to be considered a ‘creature in being’ and class as a murder

Answer 16

an existing independent for the mother

Question 17

what is the case example and legal principle for brain-death

Answer 17

R v Malcherek
legal principle= doctors are allowed to switch off life- support machines without breaking the chain of causation and being liable for murder.

Question 18

why are judges unsure weather if someone who is brain dead would be considered a reasonable creature in being

Answer 18

because there hasn’t been a case to decide that

Question 19

what does under the king’s peace mean

Answer 19

the D killed at a time of peace and not at war

enemy at war= not murder
prisoner of war= murder as they are not a threat at the time. Enough for the actus reus of a murder.

Question 20

what does mens rea mean

Answer 20

its the direct intention to commit the full offence

Question 21

what is the mens rea of murder

Answer 21

The D must have the malice, aforethought, express or implied.

Question 22

what are the 2 types of intention that the prosecution must prove the D has either of

Answer 22

express malice aforethought

implied malice aforethought

Question 23

what does express malice aforethought mean

Answer 23

direct or oblique intention to kill

Question 24

what does implied malice aforethought mean

Answer 24

direct or oblique intention to cause GBH

Question 25

what does direct intention mean

Answer 25

100% aim and desire to kill or cause GBH

Question 26

what does oblique intention mean

Answer 26

D foresaw that their actions were virtually certain to cause death or serious injury

Question 27

what is the case study and principle for implied malice aforethought

Answer 27

cunningham legal principle= HofL dismissed appeal and stated it was firmly established that a intent to cause GBH was enough mens rea for murder

Question 28

what is the other case example for implied malice aforethought

Answer 28

DPP v Smith legal principle= the house of lords decided that grievous bodily harm meant really serious hard

Question 29

what is the case and legal principle for oblique intention

Answer 29

Woolin legal principle= D was found guility of murder as the actual result (baby dying from their injuries) was a virtually certain result of his actions (throwing it at its cot)

Question 30

what is transfered malice and when is it applied

Answer 30

applies to murder if the D intends to kill one victim and the actual victim is another, the mens rea will transfer

Question 31

what is the case for transferred malice and the legal principle?

Answer 31

R v Saunders legal principle= the D was charged with murder of his daughter on the grounds that his intention to kill his wife could be transferred to the death of his daughter

Question 32

What sentence will the D get if they are guilty of murder

Answer 32

must receive a mandatory life sentence the judge will set a minimum number of years that the D will serve behind bars before they may be released on parole.

Question 33

what is the A02 for murder (actus reus, mens rea and conclusion)

Answer 33

ACTUS REUS - who died/ the killing - was it unlawful or self defence. self defence(was it reasonable or excessive) - was it a reasonable creature in being or foetus or brain dead - causation (legal or factual cause) - was it under the kings peace MENS REA - was intention GBH or to kill - state which type of malice aforethought the D has. intention to kill= express malice aforethought intention to cause GBH= implied malice aforethought - did D have direct or oblique intention to kill or cause GBH direct intention= 100% aim and desire to kill or cause GBH oblique intention= it was a virtual certain result the V would die/suffer GBH, and the D knew this. CONCLUSION will D be guilty of murder. explain why and who the V is.