Murder

Question 1

Type of offence

Answer 1

Common law offence, indictable

Question 2

Sentencing?

Answer 2

Mandatory Max life

Question 3

Definition for murder

Answer 3

Sir Edward coke: unlawful killing of a responsible creature in being under the kings peace with malice aforethought, express or implied

Question 4

Elements for murder

Answer 4

1) unlawful killing
2) reasonable creature in being
3) under kings peace
4) malice aforethought
5) causation in murder

Question 5

Re A

Answer 5

Courts allowed death due to avoiding a greater evil

Question 6

Attorneys general ref

Answer 6

Fetuses aren’t considering in being until they have an independent exsistance outside the mother

Question 7

What is express malice

Answer 7

Intent to kill

Question 8

What is implied malice

Answer 8

Intent to cause GBH

Question 9

R v vickers

Answer 9

Intent to cause serious harm is enough for murder

Question 10

R v Jordan

Answer 10

Broke chain of causation

Question 11

R v Cheshire

Answer 11

Didn’t break chain of causation

Question 12

Mens rea for murder

Answer 12

Requires specific intention

Question 13

Types of specific intention

Answer 13

Direct intention and oblique intent

Question 14

What is direct intent

Answer 14

D aims to cause death or serious injury

Question 15

Case for direct intent

Answer 15

R v mohan

Question 16

What’s oblique intent

Answer 16

D doesn’t desire death but knows it’s virtually certain as a result of his actions

Question 17

Test for oblique intent

Answer 17

1) death or serious injury must be a virtual certainty from Ds actions
2) D must appreciate this is the case