Murder

Question 1

What does extra-territorial mean?

Answer 1

If a Brit abroad murders, they can face justice in English courts

Question 2

What type of offence is murder?

Answer 2

Common law

Question 3

What is the definition of murder?

Answer 3

The unlawful killing of a reasonable person in being and under the King’s peace with malice aforethought, express or implied

Question 4

What is the actus reus of murder?

Answer 4

• Unlawful killing via act or omission
• Reasonable creature in being
• Under the King’s peace

Question 5

What is the mens rea of murder?

Answer 5

• Intention to kill
• Intention to cause GBH
• Oblique intent can apply

Question 6

What is an unlawful killing?

Answer 6

Not in self defence, or in the prevention of a crime by using a reasonable force

Question 7

What is the King’s peace?

Answer 7

War killings are an exception

Question 8

Actus Reus: R V Gibbons and Proctor

Answer 8

D’s starved a child to death. The father had a duty to feed her as a parent and so his omission established actus reus, and he had the intention to kill or seriously harm

Question 9

What is a reasonable teacher in being and what are the grey areas?

Answer 9

A ‘human being’ and they must be living, a foetus is not alive in UK law and so can’t be murdered, Brain dead persons are a grey area, as medical reasons a life support can be turned off

Question 10

What is The Law Reform (Year and a Day Rule) Act 1996

Answer 10

The consequence of death does not have to be immediate, reformed an old, and controversial, law which stated that if the victim died from the attack more than a year and a day after, then the rules of causation did not apply. Now, if the death is more than 3 years after the incident, then the Attorney-Generals consent is required to prosecute for murder.

Question 11

Unlawful Killing: Tony Bland

Answer 11

Was a victim of the Hillsborough disaster, and was on life-support for several years. As his life-support was switched off more than a year and a day after the disaster, he was not included in the list of victims of unlawful killing.

Question 12

What is Express Intention?

Answer 12

A clear intention to end the victims life

Question 13

What is the Serious Harm Rule?

Answer 13

An intention to cause grievous bodily harm that results in death

Question 14

Express Intention: R V Vickers

Answer 14

Dhit a lady around the head several times. She died and he was convicted of murder.
CofA upheld - D had implied malice aforethought. This was later confirmed in R V Cunningham.

Question 15

GBH: DPP V Smith 1961

Answer 15

D hit a policeman with his car. In the case, it was held that “GBH” was “really serious harm”. This might include things like internal bleeding, loss of limbs, serious breaks etc.

Question 16

What is oblique intent?

Answer 16

D does not intend to kill but is aware this is a consequence

Question 17

What is foresight of consequences?

Answer 17

D should reasonably have foreseen that death or serious harm would be a natural and probable consequence of D’s action, and the jury must be sure they can find evidence of an appreciation of the risk.

Question 18

Foresight of Consequence: R V Woolin Tests

Answer 18

The jury are now asked:
• Was consequence virtual certainty - natural and probable?
• Did D foresee this?
• Does the jury find D had this level of intention?

Question 19

What is Transferred Malice?

Answer 19

This is where D intends to kill or harm one person, and through acting on this intention ends up killing or harming another. The malice that has been
transferred must be substantially similar, so for example intending to kill one and killing another instead.

Question 20

Transferred Malice: R V Gnango

Answer 20

Two men shot at each other, hitting a passerby accidentally. She died. Gnango was convicted of murder, and although quashed it was reinstated by SC.

Question 21

What is an attempt?

Answer 21

An attempt is where someone tries to commit a crime but for whatever reason fails.

Question 22

Attempted Murder: R V White 1910

Answer 22

D put poison in his mother’s drink, intending to kill her. She had a heart attack before she could drink it. As he tried to kill her he was convicted of attempted murder.

Question 23

S1 (1) Criminal Attempts Act 1981

Answer 23

• Must be intent for the criminal act in question
• Must do something which is more than merely preparatory
• Must be an indictable offence (you can’t be found guilty of attempting to speed for example!).

Question 24

What is the Mens Rea for attempted murder?

Answer 24

Attempted murder is slightly different in that the level of intention needed to be established is higher than the original offence. This is because if there was only a need to prove intent to cause GBH, it would clash with attempted GBH. The thing that sets the original offence apart from GBH is the need for there to be a death, which there can’t be with attempt. So, there must be an intention only to kill.

Question 25

Attempted Murder: R V Whybrow

Answer 25

D wired his wife’s bath in order to cause her an electric shock. She received a shock that was not deadly. Although his conviction was upheld, the judge made it clear there had to be a clear intention to kill his wife rather than just seriously harm.