Murder

Question 1

Definition

Answer 1

The Unlawful Killing of a human being under the kings with malice afterthought, express or implied ( Lord Coke)

Question 2

AR of murder

Answer 2

Unlawful killing = Act or Omission
Switching of life support or operating to save one twin is a lawful killing
Human Being = A foetus isnt a human being unless injured in the womb , born alive and then died from those injuries ( AG’s Ref No 3 )
Kings Peace = Not in Battle ( R V Page)

Question 3

Causation

Answer 3

Factual ( White)
Legal ( Smith)

Question 4

MR of Murder

Answer 4

Malice Aforethought
Implied = D intended to inflict GBH onto V but V died because of there injuries ( R V Vickers)
Express = D aimed to kill V ( R v Belfon)

Question 5

Diminished Responsibility

Answer 5

D had an abnormality of mental functioning from a medically recognised condition which substantially impaired his ability to do one of three specified things and explains his act or omission in killing

Question 6

Abnormality of mental functioning

Answer 6

D’s mental functioning was so different from that of the ordinary human being that a readonable man would deem it abnormal (Byrne)

Question 7

Medically Recognised Condition

Answer 7

Battered Wives Syndrome ( Alhuwalia)
Chronic Depression ( Seers)
Alcohol dependency syndrome ( Wood)
Post-natal depression ( Reynolds)
Mental Deficiency ( Speakes)
Sexual Psychopath ( Byrne)

Question 8

Substantially Impaired

Answer 8

• Make a rational judgement
• Understand the nature of his conduct
• Exercise Self-Control

Weighty and Important ( Golds)

Question 9

Explains conduct

Answer 9

= Causation

Factual = But for D’s abnormality of mental functioning , he would not have killed V ( White)
Legal = D’s abnormality of mental functioning was the more than minimal and operating and substantiating cause of the killing ( Smith)

Question 10

Loss of Control