Murder

Question 1

Why is murder the most serious crime?

Answer 1

Because the defendant intended to kill the victim

Question 2

What is the sentence for murder?

Answer 2

Mandatory life sentence which is 25 years

Question 3

What is the definition of murder?

Answer 3

The unlawful killing of someone in the King’s peace with malice aforethought

Question 4

The actus reus of murder is?

Answer 4

Unlawful killing, human being, King’s peace

Question 5

UL - What is a lawful act?

Answer 5

Self-defence, war and executions

Question 6

UL - What is an unlawful act?

Answer 6

murder, voluntary manslaughter and involuntary manslaughter

Question 7

UL - What is an omission?

Answer 7

Failure to act

Question 8

UL - What does the victim have to be?

Answer 8

Dead but life support is not included in murder cases

Question 9

HB - Define the term ‘human being’

Answer 9

Must be capable of existence independent from the mother

Question 10

HB - What is not included in this part of murder?

Answer 10

The killing of a foetus in a mothers body isn’t murder

Question 11

KP - What is the King’s peace?

Answer 11

A peaceful situation/not war

Question 12

C - Define factual causation

Answer 12

We use the but for test

Question 13

C - Define legal causation

Answer 13

The defendant must be the operating and substantial cause of death. The act must be more than de minimis/ more than trivial

Question 14

BTCOC - What does there need to be in order to break the chain of causation?

Answer 14

An unbroken link between the action and consequence

Question 15

BTCOC - What can causation be broken by?

Answer 15

Intervening actions and the victim’s own actions

Question 16

BTCOC - How can intervening acts break the chain of causation?

Answer 16

If they are independent from the original act

Question 17

BTCOC - MAKE SURE TO INCLUDE IN ESSAYS:

Answer 17

Victim’s own actions and thin skull rule

Question 18

What is the mens rea for murder?

Answer 18

Malice aforethought

Question 19

Name the two types of intention for mens rea

Answer 19

Direct intention and indirect intention

Question 20

Define direct intention

Answer 20

The defendant intended the consequences

Question 21

Define indirect intention

Answer 21

The defendant desires the consequences of their actions even if they are virtually certain

Question 22

What is the Nedrick test?

Answer 22

The intent can be deducted if these two conditions are present

Question 23

What are the two conditions used in the Nedrick test?

Answer 23

1 - the outcome was virtually certain due to the defendants actions
2 - the defendant was aware of this near-certain outcome