Murder

Question 1

What is homicide?

Answer 1

The killing of another human being.

Question 2

Define murder

Answer 2

‘Murder is when a man of sound memory, and of age of discretion, unlawfully killeth within any county of the realm any reasonable creature in rerum natura under the king’s peace, with malice aforethought, either expresses by the party or implied by law, - Sir Edward Coke (Coke, 3 Inst. 47)

Question 3

What is the mens rea for murder?

Answer 3

The intention to kill or cause GBH - Vickers (1957) , Recklessness is not sufficient for murder.

Question 4

What are the 3 partial defences to murder?

Answer 4

Loss of control, diminished responsibility, or suicide pact.

Question 5

What are the three actus reus elements of murder?

Answer 5

Unlawful, Killing of another, Under the king’s peace.

Question 6

How does the prosecution prove D was the legal and factual cause of V’s Death?

Answer 6

Factual causation test (but for test) found in White (1910) - but for D’s action, V would not have died.

Legal causation - the defendant’s action must have been an “operative and substantial” cause of V’s death (Smith(1959)). Pagett (1983) - D’s act doesn’t have to be the sole cause of death but must be a significant contribution.

Question 7

What is a reasonable creature in being?

Answer 7

A human being.

Poulton (1832) a baby is a creature in being if it has fully left the womb
A person on life support is still a reasonable creature - Malcherek; steel (1981).
Taking someone off life support is an omission to act and is lawful - Airedale NHS Trust v Bland (1993)

Question 8

When was the year and a day rule abolished?

Answer 8

by the Law Reform (year and a day rule) Act 1996
Where death occurs 3 years after the act or omission of D, permission must be gained from the Attorney General to prosecute for murder.

Question 9

What are the elements of Loss of Control

Answer 9

1)D’s act/omission in killing resulted from D’s loss of self-control
2) The loss of control had a qualifying trigger
3) A person of D’s sex and age, with a normal degree of tolerance, would have acted in the same way.

Question 10

What are the qualifying triggers for loss of control?

Answer 10

1) Fear of serious violence from V
2) A thing done or said by V, which constituted circumstances of extremely grave character and left D feeling seriously wronged.
remember sexual infidelity doesn’t count as a serious wrong! - (R v Clinton (2012))