Murder

Question 1

Define ‘murder’- common law offence

Answer 1

Edward Coke- unlawfully killing or causing GBH of a person of being under King’s peace

Question 2

Define AR of Murder

Answer 2

killing or causing GBH to a person of being under king’s peace- no lawful defense

Question 3

Define MR of Murder

Answer 3

intention to kill or cause GBH (direct/oblique intent)

Question 3

How is causation established for murder as part of AR?

Answer 3

Factual- But for D’s conduct/omission would V have died?
Legal- Was D’s act the substantive and operative cause of V’s death?

Question 4

‘A person of being’- Rerum Natura

Answer 4

Fetus doesn’t count- Attorney General’s Ref. No.3 of 1994
Mercy killings not allowed- Nicklinson v Ministry of Justice 2012- euthanasia IS MURDER

Question 4

Why is ‘malice aforethought’ no longer used to describe MR? Problematic?

Answer 4

misleading- malice, implies ‘bad’ intentions, but what if killing was for mercy- THAT’S ALSO MURDER
aforethought- implies planning- R v Vickers 1957- attempted theft but caused GBH

Question 4

What defenses are available to a murder conviction? (complete and partial)

Answer 4

Complete: intoxication/ automatism/insanity/self-defense
Partial- reduces murder to manslaughter- Loss of Control/diminished responsibility/suicide pact

Question 5

What is the general rule (and exceptions) to the defense of necessity?

Answer 5

generally not a defense- R v Dudley and Stephens 1884
Exceptional circumstances- Co-joined twins- Re A (Children) 2000