Muder

Question 1

definition of murder

Answer 1

unlawful killing with intent

Question 2

4 parts to murder

Answer 2

Killing (+causation)
Unlawful
RP in being
Under Kings Peace

Question 3

Killing

Answer 3

Can be done my an act or ommission

Question 4

Case for relationship omission

Answer 4

Gibbins & Proctor

Question 5

Case for vol assumption of care ommission

Answer 5

Stone & Dobinson

Question 6

Case for creating dangerous situation omission

Answer 6

Miller

Question 7

Case for contract omission

Answer 7

Pittwood

Question 8

Case for public office omission

Answer 8

Dytham

Question 9

Factual causation

Answer 9

but for test
Case - Pagett
Contrast - White

Question 10

Legal causation

Answer 10

Operative and substantial test
Case - Smith

Question 11

Acts of third party

Answer 11

Non medical - Pagett
Medical - Jordan

Question 12

Act of victim

Answer 12

Didn’t break chain - Roberts
Did break chain - Williams

Question 13

Thin skull rule

Answer 13

Blaue

Question 14

Unlawful meaning

Answer 14

No lawful excuse

Question 15

5 exceptions to unlawful

Answer 15

self defence
soldier return fire
police arrest
turning off life support
DNR instructions

Question 16

Unlawful case

Answer 16

Martin

Question 17

When does life begin + case

Answer 17

At point of birth
Attorney Generals Reference (No 3 of 1994)

Question 18

When does life end + case

Answer 18

When brain stem is dead
Malcharek & Steel

Question 19

PVS case and explain

Answer 19

Can turn off life support if PVS as long as have court permission and it’s in patients best interest
(Airedale NHS Trust v Bland)

Question 20

What does kings peace mean

Answer 20

war hasn’t been declared by prime minister (live in peacetime)
(V must be under Kings Peace)

Question 21

MR for murder

Answer 21

Malice aforethought either express or implied

Question 22

Express malice means

Answer 22

intention to bring about death

Question 23

Implied malice means

Answer 23

intention to cause grievous harm

Question 24

Case on implied malice

Answer 24

Vickers

Question 25

Direct intent

Answer 25

Mohan - aim to bring about consequence

Question 26

Oblique intent

Answer 26

Woolin - consequence was virtually certain and D realises consequence was virtually certain

Question 27

Coincidence means

Answer 27

AR and MR don’t happen at same time

Question 28

Single transaction theory

Answer 28

MR happens first Thabo Meli

Question 29

Continuing act means

Answer 29

AR happens first Fagan v MPC

Question 30

Transferred malice

Answer 30

D has MR and AR but different V than intended Latimer

Question 31

MR cannot be transferred from one crime to another

Answer 31

R v Pembleton