murder

Question 1

who defined the law on murder

Answer 1

lord coke

Question 2

what kind of offence is murder

Answer 2

it is a common law offence

Question 3

what is a common law offence

Answer 3

it was set by judges and not by the government

Question 4

what are the two sections that murder is

Answer 4

result crime
indictable offence

Question 5

what is a result crime

Answer 5

always ends with a death of a another person

Question 6

what is an indictable offence

Answer 6

the trail will go to crown court and if found guilty they will have a mandatory life sentence

Question 7

what did lord coke say

Answer 7

“the unlawful killing of a reasonable creature in being under the kings peace with malice aforethought express or implied’

Question 8

what are the different sections of the actus reus of murder

Answer 8

unlawful killing
reasonable creature in being
kings peace

Question 9

definition of actus reus

Answer 9

any action or conduct which causes death

Question 10

what is an unlawful killing

Answer 10

positive voluntary act or an omission (failure to act)

Question 11

what is the case related to unlawful killing (omission)

Answer 11

R v Gibbons and procter

Question 12

what is the case of R v gibbons and Procter

Answer 12

gibbons and his partner Procter neglected and starved the victim, the victim died of starvation, rightly convicted of murder

Question 13

what is the meaning of reasonable creature in being

Answer 13

not a reasonable creature in being is when it is a feotus or the brain stem is dead

Question 14

what case relates to reasonable creature in being

Answer 14

AG’S Ref No 3 of 1994

Question 15

what is the case AG’S Ref No 3 of 1994 relating to reasonable creature in being

Answer 15

said that if the baby is a feotus then they aren’t a reasonable person in being

Question 16

what does kings peace mean

Answer 16

if there is war it is lawful to kill

Question 17

what are the two sections of causation

Answer 17

factual
legal

Question 18

what is factual causation

Answer 18

is the but for test, this means but for someone doing an act would the condition of the victim change

Question 19

what are the cases that relate to factual causation

Answer 19

r v white
r v pagett
r v smith

Question 20

what is the case related to the but for test

Answer 20

R v White- defendant put poison into the drink of the victim, hit mother, with the intention of killing her, the victim drank a few sips of the drink and then fell asleep, the medical evidence was that she died from a heart attack rather a result of the poison

Question 21

what is the case related to the minimise test

Answer 21

R v Pagett- police trying to arrest man and he used a pregnant women as a human shield, officer returned fire and killed the woman at trail the defendant was not guilty of murder but was convicted of manslaughter which he appealed .

Question 22

what is the case related to operating and substantial cause

Answer 22

R v Smith- solider was stabbed in army barracks, he was dropped twice when being taken to the medical tent, he then received negligent medical treatment, the medics failed to diagnose a puncture to his lung, the victim died, the defendant was charged with murder and convicted at first instance, the defendant appealed on the basis that the victim would have survived but for the negligence of those treating him.

Question 23

what is legal causation

Answer 23

• the defendant should also be de minimise test this is when the defendant must be more than minimal cause of death
• the defendant must also be the operating and substantial cause of death
  -the chain of causation
  the sections include-
• novus actus intervenieus
• switching off life support does not break the chain of causation
• thin skull rule does not break the chain of causation

Question 24

what are the different sections of acts interventiens

Answer 24

-actions of the victim
-palpably wrong medical
-actions of a third party which arena independent of defendants actions and so unforeseeable
- natural but unpredictable event

Question 25

what are the cases for actions of the victim

Answer 25

R v Williams R v Roberts R v Dear

Question 26

what happens in the case R v Williams

Answer 26

defendant took the victim home in a car, the defendant began making sexual advances towards the victim which were rejected before attempting to pull off her coat, the victim then opened the door and jumped out of the moving vehicle sustaining injuries as a result the defendant was charged with sexual assault

Question 27

what is the case for palpably wrong medical treatment

Answer 27

R v Jordan

Question 28

what happens in the case r v Jordan relating to palpably wrong medical treatment

Answer 28

Jordan who worked for the United States Air Force stabbed a man as the result of a disturbance, the victim died in hospital eight days later, the post Morton found that the victim died of broncho following the abdominal injury, the court in the first instance found Jordan guilty

Question 29

what is the case for actions of the third party

Answer 29

r v chesire

Question 30

what happens in the case r v Cheshire relating to actions of the third party

Answer 30

chesire shot a man during the course of an argument, the victim was taken to hospital to have surgery and shortly after developed breathing problems, doctors inserted a tracheotomy tube, improved the victims condition, he soon died afterwards, the victims windpipe had narrowed near the location where the pipe had been inserted , chesire was charged with murder

Question 31

what does natural but unpredictable events do to the chain of causation

Answer 31

breaks chain

Question 32

what is the case for switching of the life support do to the chain of causation

Answer 32

R v Malchereki and Steele

Question 33

what happens in the case of r v malchereki and Steele relating to switching off the life support

Answer 33

mancherei stabbed his wife in the stomach, she was treated for the wound and a few days later she collapsed in hospital, she had surgery to remove a blood clot during this her heart stopped beating for thirty mins and caused he victim to have brain damage she was placed on life support, the life support was switched off because their was no chance of her improving, this didn't break the chain of causation

Question 34

what is the case for the thin skull rule

Answer 34

R v Balue

Question 35

what happens in the case R V Balue relating to the thin skull rule

Answer 35

after the victim refused the defendants sexual advance the defendant stabbed the victim four times, victim was admitted to hospital she required medical treatment which involved a blood transfusion, the victim had views on accepting blood transfusion, she dies because she refused the transfusion, the defendant was charged with manslaughter by way of diminished responsibility.

Question 36

what is the mens rea of murder

Answer 36

there is intention to kill and intention to cause GBH, they express malice and implied malice aforethought

Question 37

what's is the meaning of express malice

Answer 37

means there was direct intention 'death was D's aim objective and purpose' there was also oblique intention

Question 38

what's the case relates to express malice

Answer 38

r v Matthews and alleyne

Question 39

what happens in the case r v Matthews and allenyne relating to express of malice

Answer 39

D's threw the victim into a river, who drowned and died, D argued although they knew the victim could don't swim, they did not intent for the victim to die, the judge gave the direction to the jury that it must find d guilty of murder if they found that they had foresight that the victim was virtually certain to die or suffer serious harm

Question 40

what is the meaning of implied malice aforethought

Answer 40

there was direct intention to cause GBH, was the D's main aim and the actions were certain to cause that, object and purpose

Question 41

what is the case for implied malice aforethought

Answer 41

R v Cunningham

Question 42

what happens in the case R v Cunningham relating to implied malice aforethought

Answer 42

D attacked V in a pub wrongly believing that the victim had sexual relations with his wife, V suffered a fractured skull and subdural haemorrhage from which he died 7 days later

Question 43

what needs to be included in the conclusion for the exam

Answer 43

constructive intent mandatory life sentence duress

Question 44

what does constructive intent mean for the conclusion

Answer 44

D is guilty of murder where he did not intent murder, but only intended GBH

Question 45

what does mandatory life sentence for the conclusion

Answer 45

if D is found guilty, there is not option other than the mandatory life sentence

Question 46

what does duress mean for the conclusion

Answer 46

duress is not a defence to murder, which can be unfair as D may not have acted unless his life was threatened