Murder

Question 1

Murder introduction/ definition

Answer 1

• D may be liable for murder
• The definition of murder is the unlawful killing of a human being with the intention to kill or cause GBH.

Question 2

Actus reus of murder

Answer 2

• The actus reus of murder is the unlawful killing of a human being.
  -It must be established that the killing in unlawful (Apply)
• It must be established that the victim is considered a human being because they have an independent existence outside of the womb(Ags Ref No3) (Apply)
  -It must be established that the D is both the factual and legal cause of the killing:
• Factual causation- apply the “ but for” test ( White)
• Legal causation- Significant contributory factor- “ More than a slight or trifling link” (Kimsey)

Question 3

Causation issues for murder (List all)

Answer 3

• V’s own actions/escape attempts (Roberts)- No beak as long as the actions were reasonably foreseeable.
• Bad medical treatment (Cheshire)- no break as long as wound are still a n operating and substantial cause.
  -V does not seek treatment (Holland)- no break a V is under no obligation to seek medical treatment
  -Acts of a 3rd party (Pagett)- No break as long as original D made a significant contribution
  -Life Support (Malcherick and Steele)-no break
  -Thin Skull rule (Blaue)- no break as D must take the V as they find them.
• Natural but unpredictable event- will break chain

Question 4

Mens Rea of Murder

Answer 4

The Mens Rea of murder is the intention to kill or cause GBH.
- If D intended to kill= Direct intent- it was D’s aim, purpose and desire to kill the Victim (Mohan)
-If death was a virtual certainty= Oblique intent-apply the virtual certainty test (Woolin).
-Was death or serious injury a virtual certainty as a result of the D’s
actions?