murder

Question 1

what is murder

Answer 1

defined by lord coke as

unlawful killing of reasonable person in being under the kings peace with malice aforethought either expressed or implied

Question 2

ar-
unlawful killing

Answer 2

must not be legally justified

killing may be lawful if -
during war time
medical necessity ( bland)

Question 3

killing /causation

Answer 3

the d must cause the death of the victim

factual causation , but for the defendants actions the consequences wouldeve never happened
r v pagett

legal causation
de minimis principle - more than minimal cause of death , kimsey
- must be operating and substantive cause , smith

chain of causation can be broken by novas actus interveniens
r v Jordan ( grossly negligent medical treatment)

Question 4

act or omission

Answer 4

can be an omission if a legal duty exists
gibbons and proctor

Question 5

thin skull rule

Answer 5

defendant must take victim as found
r v blaue

Question 6

ar - reasonable person in being

Answer 6

• must be born and capable of independent life
  ags ref number 3 of 1994
• foetus is not a reasonable person in being

brain stem death = legal death

Question 7

ar - under the kings peace

Answer 7

must occur outside wartime
-cant be unlawful act of war

Question 8

mr - malice aforethought

Answer 8

can be either
expressed - intent to kill
implied - intent to cause gbh , Moloney

Question 9

2 types of intent

Answer 9

direct intent - clear decision to bring about result

oblique- foresight f consequence
- virtual certainty test . woolin

Question 10

transferred malice

Answer 10

mr can be transferred from one person to another . latimer

cant be transferred between diff crimes , grant
cant transfer from mother to foetus