Murder

Question 1

Murder is a _____ crime

Answer 1

result

Question 2

Who was the definition of murder was given by and when?

Answer 2

Judge Coke in the 17th century

Question 3

What is the definition of murder by Judge Coke?

Answer 3

The unlawful killing with malice aforethought, express or implied

Question 4

What are the two ways a D can commit an unlawful killing?

Answer 4

• voluntary act
• omission

Question 5

What is an omission?

Answer 5

Failure to act when the person has a legal duty to do so

Question 6

Name the key case for omission

Answer 6

R v Gibbons & Proctor

Question 7

Name the key case when a D must not be acting in self defence

Answer 7

R v Beckford

Question 8

What is the sentencing for murder?

Answer 8

Mandatory life sentence

Question 9

What is the AR of murder?

Answer 9

The unlawful killing of a reasonable person in being under the King’s peace

Question 10

Name the key case that establishes a V must have independent existence and circulation from their mother

Answer 10

A G.R No.3 of 1994

Question 11

Name the key case that establishes V will be considered ‘dead’ if they have suffered irreversible brain stem injury

Answer 11

R v Malackerk and Steel

Question 12

What is factual causation based on?

Answer 12

The ‘but for’ test

Question 13

What is the key case for factual causation?

Answer 13

R v White - D was not the factual cause

Question 14

What does legal causation mean?

Answer 14

D’s act must be more than a minimal cause to the end result

Question 15

Name the key case for when D’s act must be more than the minimal cause

Answer 15

R v Cato

Question 16

Name the key case for when there must be more than a slight or trifling link between D’s action and the death

Answer 16

R v Kimsey

Question 17

What is the thin skull rule in murder?

Answer 17

Where the D can’t rely on a deficiency in the V to escape liability. D ‘must take the V as he finds him’

Question 18

Name the key case where the thin skull rule is shown

Answer 18

R v Blaue

Question 19

What is the MR for murder?

Answer 19

Malice aforethought, express or implied

Question 20

What does express malice aforethought mean?

Answer 20

Intention to kill

Question 21

What does implied malice aforethought mean?

Answer 21

Intention to cause GBH

Question 22

Name the key case for implied (GBH) malice aforethought

Answer 22

R v Vickers

Question 23

Intention can either be ____ or _____

Answer 23

direct or oblique

Question 24

What is direct intention?

Answer 24

Where D desires the resulting death, or the purpose of his acts are to kill

Question 25

Name the key case for direct intention

Answer 25

R v Mohan

Question 26

Further explain the case of R v Mohan

Answer 26

D did 'everything in his power to bring about the prohibited consequence' when he accelerated fast towards the victim

Question 27

What is oblique intention?

Answer 27

Where D may not see the outcome, but in acting the way he did, the outcome is virtually certain and D appreciates this

Question 28

Name the key case for oblique intention

Answer 28

R v Woolin

Question 29

Further explain the case of R v Woolin

Answer 29

Where serious harm to the baby was a virtual certainty of D's action

Question 30

What is stated under the rule of transferred malice?

Answer 30

the MR can be transferred from the intended V to the actual V, providing that the MR and AR coincide and it is a similar offence

Question 31

Name the key case for transferred malice

Answer 31

Latimer

Question 32

State the facts and outcome of Latimer

Answer 32

D hit a lady with a belt instead of the intended V. Latimer was guilty of an assault against the woman even though he had not intended to hit her

Question 33

What makes a killing unlawful?

Answer 33

If V's death occurs outside of war and so was under the King's peace

Question 34

Expand on the main facts of A G.R No3 of 1994

Answer 34

D stabbed pregnant V. The baby died 4 months later due to the premature birth. D could not be convicted for murder/manslaughter since at the time of the attack the feotus wasn't considered a reasonable person in being

Question 35

Expand on the main facts of Malackerk and Steel

Answer 35

Switching off a life support machine does not break the chain of causation so the original attacker was still liable for murder

Question 36

Here D committed a voluntary act when they killed V. This is because..

Answer 36

D physically .. (action they did to kill) (use scenario)

Question 37

V's death is unlawful. This is because...

Answer 37

It wasn't a lawful execution, V death occurred outside of war and so was under the King's peace. D was also not acting in self defence when they killed V, this is because although they (state any feuds, issues between D and V), V had not attacked them.

Question 38

V was a reasonable person in being. This is because V..

Answer 38

suffered irreversible death of the brain stem and had independent existence and circulation of their mother

Question 39

Name the 5 different legal duties for an omission

Answer 39

- special relationship - contractual duty - limit harm D causes that set in motion a dangerous chain of events - official position (police officer) - voluntarily assumed responsibility

Question 40

Name the omission case for special relationship

Answer 40

Gibbons & Proctor

Question 41

Name the omission case for contractual duty

Answer 41

R v Pittwood

Question 42

Name the omission case for limiting harm

Answer 42

R v Miller

Question 43

Name the omission case for official position

Answer 43

R v Dytham

Question 44

Name the omission case for voluntarily assumed responsibility

Answer 44

Stone & Dobinson

Question 45

Name the case for physical weakness in causation (thin skull rule)

Answer 45

R v Hayward

Question 46

What were the main facts of Hayward

Answer 46

D was still liable for wife's death even though he did not know she suffered from a thyroid condition when he shouted at her

Question 47

Name the case for self-neglect of V

Answer 47

R v Dear

Question 48

What were the main facts of R v Dear

Answer 48

D was still liable as the injuries on the deceased were still a significant and operative cause of death

Question 49

What were the main facts of R v Blaue

Answer 49

V refused blood transfusion on religious grounds due to being a Jehovah's witness

Question 50

When to use Blaue?

Answer 50

Where V receives medical attention but refuses specific treatments due to personal, religious, or ethical beliefs.

Question 51

Name the case for switching off life support machine

Answer 51

Malackerk & Steel

Question 52

What was stated in Malackerk & Steel?

Answer 52

A properly informed medical decision to terminate treatment in such circumstances would not break the chain

Question 53

It must be proven that D is the ..

Answer 53

factual and legal cause of V's death

Question 54

What does the 'but for' test require?

Answer 54

requires the prosecution to prove that 'but for' D's act, the death would not have occurred

Question 55

Name the key case for the but for test

Answer 55

R v Padgett

Question 56

What was the but for statement for R v Padgett

Answer 56

'but for' him using his girlfriend as a human shield, she would not have died.

Question 57

Give the legal causation main facts of R v Kimsey

Answer 57

D made more than a slight or trifling link to the end result

Question 58

Name the key case for break in the chain of causation

Answer 58

R v Chesire

Question 59

When may D not be the legal cause of V’s death?

Answer 59

Where there may be a novus actus intervenient which could break the chain of causation

Question 60

Following Matthew’s and Alleyne, foresight of consequences..

Answer 60

is evidence of intention, which the jury can rely on to find (D’s name) guilty of murder

Question 61

Medical negligence may break the chain, but only if the act is ______

Answer 61

independent of the D's acts and in itself 'so potent in causing death that the D's acts are insignificant'

Question 62

Name the key case for medical negligence

Answer 62

R v Jordan

Question 63

What were the main facts of Jordan?

Answer 63

V died from an allergic reaction to an antibiotic

Question 64

Name the key case for V's own actions

Answer 64

Roberts 1971

Question 65

Main facts of Roberts 1971?

Answer 65

Chain was not broken when V jumped out the car to avoid sexual advances