Murder

Question 1

Define Murder

Answer 1

Murder is the unlawful (homicide) killing of another person with malice afterthought, by a person who is of the age of discretion (10 years and over) and of sound mind.

Question 2

6 elements of murder

Answer 2

• Unlawful killing
• a living person
• 10 years of age
• caused victums death
• of sound mind
• Malice Afterthought

Question 3

It was unlawful killing

Answer 3

• was not in self defence
• was not a soldier killing in battle
• was not a State execution

Question 4

The victim must be a living person

Answer 4

• not an animal or unborn baby

Question 5

The accused is at least 10 years of age

Answer 5

• The accused must be at least the age of criminal responsibility which is 10 years old.
• the law presumes that people under the age of 10 are incapable of forming the intent to commit a crime.

Question 6

The accused caused the victims death

Answer 6

• The accuseds actions must have directly caused the death of the victum: known as the causation.

Causation: direct or unbroken causal link between the accused actions and the death of the victum

Question 7

The accused was of soundmind

Answer 7

• The prosecution must establish that the accused person was of sound mind and understands right from wrong and understands the nature of what they have done

Question 8

Malice afterthought

Answer 8

• Malice afterthought is about the intention of the accused’s actions when killing the victim. For murder to be proven, it must be shown that the accused acted
• With the intent to kill