murder

Question 1

never been defined in legislation - common law offence which was defined by Sir Edward Coke as:

Answer 1

the unlawful killing of a reasonable person in being and under the kids peace with malice aforethought, express or implied

Question 2

unlawful killing

Answer 2

this relates to the presence of a defence, as it is possible for killing to be lawful if it is legally justified

Question 3

legally justified when:

Answer 3

> self defence (R vClegg)
war
death penalty

Question 4

murder can be committed by an omission :

Answer 4

intentionally accelerating someones death is still murder, even if someone is going to die anyway

Question 5

case examples:

Answer 5

> R v Gibbons and Proctor- failure to feed a 7yr old girl
R v Stone and Dobinson - neglected aunt they offered to take care of
R v Miller - set a fire and left it

Question 6

reasonable person in being

Answer 6

> AGs ref - cannot be foetus in utero
Malcherek v Steele - cannot be brain dead

Question 7

AGs reference (no.3)

Answer 7

if foetus is ‘‘fully expelled’’ from the mom it can be a reasonable person in being but injuries in ‘‘utero’’ cannot be murder.

Question 8

Brain dead

Answer 8

doctors often to turn off life support of those who are brain dead and are protected against being held criminally liable
Malcharek v Steele - not held to be a reasonable person in being.

Question 9

under the Kings peace

Answer 9

the killing of an enemy in the course of war is not murder. However, killing of a prisoner of war would be sufficient for acts reus of murder.

Question 10

factual causation

Answer 10

'’but for’’ test
Pagett

Question 11

legal causation

Answer 11

chain of causation
more than minimal cause - R v Kimsey

Question 12

intervening act (nous actus interveniens)

Answer 12

Smith - 2 soldiers fought, one was stabbed. dropped en route given artificial respiration which made him worse and he died. if given correct treatment 75% chance of recovery but original attacker still liable

R v Jordan - V had allergic reaction to antibiotics so was taken off them then, the next doctor didn’t check his form and prescribed them again.

Question 13

malice aforethought

Answer 13

Lord Coke;
EXPRESS malice aforethought - intention to kill
IMPLIED malice aforethought - intention to cause GBH

Question 14

direct intention

Answer 14

directly intending to kill someone
R v Mohan - told to stop, accelerated at police officer

Question 15

oblique intention

Answer 15

D didn’t intend to cause a particular result but in acting the way they did death/GBH was a virtual certainty
R v Maloney - stepfather and gun

Question 16

transferred malice

Question 17

D can be guilty of murder even though they didn’t intend to kill

Answer 17

R v Vickers - D broke into sweetshop, old lady who owned it saw him so he punched and kicked her in the head-she died
>implied malice aforethought