Murder

Question 1

1) Introduction

Answer 1

D may be guilty of the common law offence of murder.

Question 2

2) AR of murder

Answer 2

The AR of murder was defined by Lord Coke as ‘the unlawful killing of a human being under the Queen’s peace’.

Question 3

3) Causation

Answer 3

The D’s act or omission must cause the death of V. Factual and legal causation must be proven.

Question 4

4) MR of murder

Answer 4

The MR of murder is ‘malice aforethought, express or implied’ (Lord Coke). This means intention to kill (express malice) or intention to cause GBH (implied malice) (Moloney). Direct intent is where death or GBH was D’s main aim or purpose (Mohan). Indirect intent is where death or GBH is virtually certain and D realises this (Woolin).

Question 5

5) Defences (only if relevant)

Answer 5

• LOC

- DR

Question 6

6) Conclusion

Answer 6

D potentially has both the AR and MR of murder & if convicted would be given a mandatory life sentence.