Murder

Question 1

What is Sir Edward Coke’s legal definition of murder

Answer 1

“Murder is when a man of sound memory and of the age of discretion unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King’s peace with malice aforethought either expressed by the party or implied by law so as the party wounded or hurt etc. die of the wound or hurt etc. within a year and a day after the same.”

Question 2

What are the elements of the actus reus of murder

Answer 2

1) Unlawfully causing the death 2) Of a person in being (not a foetus) 3) Under the King’s Peace (not wartime)

Question 3

What are the elements of the mens rea of murder

Answer 3

The intention to kill OR the intention to cause grievous bodily harm (Cunningham 1982)

Question 4

What are the main divisions of homicide

Answer 4

Murder and Manslaughter. Manslaughter is further divided into Voluntary Manslaughter (Loss of Control and Diminished Responsibility) and Involuntary Manslaughter (Constructive/Unlawful & Dangerous Act Manslaughter and Gross Negligence Manslaughter)

Question 5

Who can commit murder according to law (“A Man of Sound Memory”)

Answer 5

A person who is: 1) Not a corporation or organization 2) Not insane within M’Naghten rules 3) Over the age of 10

Question 6

In what situations would killing not be considered “unlawful”

Answer 6

1) When prescribed by law (e.g. state execution) 2) When justified/excused in law (e.g. self-defense)

Question 7

Can consent be a defense to murder

Answer 7

No. There is no scope for ‘mercy killing’ (Inglis 2010) or assisted suicide.

Question 8

What must the prosecution show regarding causation in murder cases

Answer 8

The prosecution must show a causal link to criminal standard between the act/omission and the death (‘but for’ test). The act must be a substantial cause of death but need not be the sole/main cause.

Question 9

What is the minimum contribution to death required for murder

Answer 9

The act must have contributed more than minimally negligibly or trivially to the death.

Question 10

Is it necessary to find the body to establish murder

Answer 10

No. It is not necessary to find the body if compelling circumstantial evidence has been found.

Question 11

What is required to break the ‘chain of causation’ in homicide cases

Answer 11

An intervening act (novus actus) must become the sole cause of the victim’s death.

Question 12

What is the “doctrine of double effect” in relation to medical treatment

Answer 12

The established rule that a doctor may lawfully administer painkilling drugs despite knowing that an incidental effect will be to abbreviate the patient’s life (Bland case).

Question 13

What is the legal distinction between end-of-life medical decisions

Answer 13

The law draws a crucial distinction between cases where a doctor decides not to provide/continue treatment that might prolong life versus actively bringing the patient’s life to an end (e.g. by administering a lethal drug).

Question 14

When does a fetus legally become “a person in being” for homicide purposes

Answer 14

When it is capable of independent existence (has started breathing and has independent circulation).

Question 15

What was the ruling in A-G’s reference (No. 3 of 1994)

Answer 15

If D stabbed a pregnant woman child was born prematurely and died at 4 months from the wound malice cannot be transferred from murder of foetus to a person.

Question 16

Can a mother refuse medical treatment even if it would lead to the death of an unborn child

Answer 16

Yes.

Question 17

Can murder be committed against someone already dead

Answer 17

No a person already dead cannot be murdered.

Question 18

Is a person in a persistent vegetative state still considered “a person in being”

Answer 18

Yes.

Question 19

Is ending life support for someone who is brain-dead considered murder

Answer 19

No.

Question 20

What does “Under the King’s Peace” exclude

Answer 20

It excludes killings which take place in accordance with the rules of war.

Question 21

Can a murder committed by a British citizen outside the UK be tried in the UK

Answer 21

Yes according to S9 OAPA 1861 murder or manslaughter committed by a British Citizen on any land outside the UK is triable in the UK.

Question 22

Can homicide on a British ship or aircraft be tried in the UK regardless of citizenship

Answer 22

Yes.

Question 23

What was the ruling in R v Adebolajo and Adebowale regarding “Under the King’s Peace”

Answer 23

The court held that “Queen’s Peace” can only go to the status of the victim and has nothing whatsoever to do with the status of the killer.

Question 24

What did the Law Reform (Year and a Day Rule) Act 1996 change

Answer 24

It abolished the requirement that death had to occur no more than a year and a day after the act/omission which was the alleged cause.

Question 25

When is Attorney General consent required under the Law Reform (Year and a Day Rule) Act 1996

Answer 25

If more than 3 years have passed since the act/omission or if the defendant has already been prosecuted for a non-fatal offense.

Question 26

What was the case of Antonio Boparan about regarding the Year and a Day Rule

Answer 26

In 2006 Antonio Boparan crashed into a car carrying 1-year-old Cerys Edwards at 70mph in a 30 zone. Cerys died in 2015 after complications 9 years after the incident. In 2019 he was convicted of causing death by dangerous driving.

Question 27

What must be present for the act to satisfy the mens rea of murder

Answer 27

It must be a voluntary act with either the intention to kill OR the intention to cause grievous bodily harm.

Question 28

Is "malice aforethought" required for murder

Answer 28

The term is misleading - there is no need for malice or planning. What matters is intention.

Question 29

What test must the jury apply when assessing intention to cause GBH

Answer 29

The jury must assess how much harm the defendant intended to cause in light of the defendant's subjective state of mind then assess whether as reasonable people they consider that is intention to cause GBH.

Question 30

What criticism did Lord Steyn make about murder liability based on GBH intent

Answer 30

Lord Steyn stated that some defendants are "classified as murderers who are not in truth murderers" highlighting the lack of correspondence principle (that fault should relate to consequences).

Question 31

What is direct intention in murder

Answer 31

Direct intention is when the defendant does an act intending to cause death or GBH to the victim.

Question 32

How is direct intention described in ordinary usage

Answer 32

As aim purpose or trying to achieve something.

Question 33

What is the Duff test for direct intention

Answer 33

Would the defendant regard it as a failure if the outcome is not achieved?

Question 34

What is the two-part test for indirect/oblique intent

Answer 34

1) A result is intended when it is the defendant's purpose to cause it. 2) A court or jury may also find that a result is intended though it is not the actor's purpose when a) The result is a virtually certain consequence of the act and b) The defendant knows that it is a virtually certain consequence.

Question 35

What was the ruling in Woollin (1999)

Answer 35

Where the charge is murder and in rare cases where simple direction is not enough the jury should be directed that they are not entitled to find the necessary intention unless they feel sure that **death or serious bodily harm was a virtual certainty **(barring unforeseen intervention) as a result of the defendant's actions and that the **defendant appreciated that such was the case.**

Question 36

What was Woollin modifying

Answer 36

The Nedrick case.

Question 37

What is the concurrence requirement in murder

Answer 37

The requirement that the actus reus and mens rea coincide.

Question 38

What is an example of the concurrence requirement not being satisfied

Answer 38

A hitman driving to shoot a victim hits a cyclist. Getting out of the car he realizes the cyclist is his intended victim. Thinking the victim is unconscious but alive he shoots the victim through the heart but the victim was already dead. This cannot be murder because there is no concurrence.

Question 39

What are some doctrines that help establish concurrence

Answer 39

Fresh acts continuing acts (Fagan) omission/duty (Miller) merger/single-transaction doctrine (Thabo Meli).

Question 40

What is transferred malice in murder

Answer 40

(R v Latimer) If a defendant intended to shoot victim A but A ducked and person B behind them was killed the intention for murder is transferred to the person who died - even if they weren't the intended victim.

Question 41

What did the Murder (Abolition of Death Penalty) Act 1965 establish

Answer 41

Section 1 states "no person shall suffer death for murder and a person convicted of murder shall...be sentenced to imprisonment for life."

Question 42

What is the minimum tariff period for murder before being eligible for parole

Answer 42

Minimum 15/30 years before eligible for parole - with the possibility of being recalled to prison at any point after release.

Question 43

What reform did the Law Commission propose in 2005 regarding homicide offenses

Answer 43

To create a hierarchy of offenses: 1st degree murder (intentional killing/intended serious harm + awareness of serious risk of death) 2nd degree murder (intended serious injury/intended injury and aware of serious risk of death plus partial defenses) and manslaughter (by gross negligence/act intended to cause injury or aware of serious risk of injury).

Question 44

What is the checklist for approaching homicide problem questions

Answer 44

1) Who is dead? 2) What happened? (act or omission that caused death) 3) Why did they do it? (intention to kill or cause GBH?) 4) Consider the statute/common law case law and expert commentary 5) Take each element and test/problematize it