Murder

Question 1

Lord Coke’s definition

Answer 1

“The unlawful killing of a reasonable human being under the Queen’s Peace with malice aforethought express or implied”

Question 2

Killing (A.R.)

Answer 2

Can be done by an act or omission, but must cause the death of the victim
R v Gibbins & Proctor: failure to feed the baby, therefore it died from starvation

Question 3

Reasonable person in being (A.R.)

Answer 3

A living person must be killed
A foetus doesn’t have an independent existence of the mother, therefore it isn’t a reasonable creature in being ~ Attorneys General Ref
Doctors are not allowed to switch off the life support machines for a brain dead person

Question 4

Queen’s Peace (A.R.)

Answer 4

Means when not at war
Killing in the army during war is lawful
Killing a prisoner of war is unlawful

Question 5

Unlawful (A.R.)

Answer 5

Killing must be unlawful

Killing in self defence or in the defence of another is not unlawful

Question 6

Intention (M.R.)

Answer 6

Express malice aforethought: intention to kill
Implied malice aforethought: intention to cause GBH
Vickers: a person can be guilty of murder even though he did not intend to kill

Question 7

Oblique intent (M.R.)

Answer 7

Foresight of consequences: D must of foresought the virtual certainty of the result
R v Moloney
R v Woolin