Murder

Question 1

Define murder

Answer 1

Where a person of sound memory and of the age of discretion unlawfully kills any reasonable creature in being, under the kings peace, with malice aforethought

Question 2

POL for R v Malcherek and steel

Answer 2

It was his act that caused the death

Question 3

What is the actus reus for murder

Answer 3

Is that the killing is unlawful, causation must be established and victim must be a human being

Question 4

What is the mens rea for murder

Answer 4

Malice aforethought, the intention to kill or cause GBH

Question 5

POL R v Vickers

Answer 5

If the defendant intends GBH and they die from injuries this is enough for murder

Question 6

POL R v Barrow

Answer 6

Intentionally set the house on fire and knew they couldnt escape

Question 7

What is direct intent and what is the case or it

Answer 7

Is what d desires- aim/purpose to kill
R v Mohan

Question 8

What is indirect intent and what is the case for it

Answer 8

Not what d desires but what he foresees will almost certainly happen
R v Moloney

Question 9

POL R v Nedrick

Answer 9

Where direct intention is not present then it should be put to the jury

Question 10

POL R v Matthew and Alleyne

Answer 10

Foresight of virtually certain death does not automatically require the jury to find that he intended that result