Murder 1B

Question 1

What is the definition of Murder and where is it found?

Answer 1

Common law says it is the unlawful killing with malice aforethought.

Question 2

What is the AR of murder?

Answer 2

Unlawful Killing of a reasonable creature in being under the King’s peace.

Question 3

What are the 4 steps of the AR?

Answer 3

1. Unlawful
2. Reasonable Creature in being
3. Under the King’s peace
4. Causation

Question 4

What case is used for Unlawful?

Answer 4

R v Martin

Question 5

What does R v Martin say?

Answer 5

Unlawful means the use of unnecessary force.

Question 6

What does AG’s ref 3 of 94 say?

Answer 6

That life begins at birth.

Question 7

What does R v Malcherek say?

Answer 7

Life ends at brain death.

Question 8

What does Bland say?

Answer 8

Life sustaining treatment can be withdrawn from a patient in a persistent vegetative state as long as the court has given permission and it is in the patients best interest.

Question 9

What does DPP v Clegg say?

Answer 9

A country is not under the kings peace when a war has been formally declared by the country.

Question 10

What is the mens Rea of murder?

Answer 10

Malice aforethought

Question 11

What are the two types of malice aforethought?

Answer 11

Express malice
Implied malice

Question 12

What does express malice mean?

Answer 12

D expressly intends to cause death.

Question 13

What does implied malice mean?

Answer 13

D intends to cause GBH but causes death.

Question 14

What case is used with implied malice?

Answer 14

R v Vickers

Question 15

What did R v Vickers say?

Answer 15

Intention to cause GBH is sufficient MR for murder if V dies.

Question 16

What are the four extended MRs?

Answer 16

Express direct
Express oblique
Implied direct
Implied oblique

Question 17

What does express direct mean?

Answer 17

D aims to kill

Question 18

What does express oblique mean?

Answer 18

Death is virtually certain and D knows.

Question 19

What does Implied direct mean?

Answer 19

D aims to cause GBH

Question 20

What does Implied oblique mean?

Answer 20

GBH is virtually certain and D knows.

Question 21

What case is used for direct intention?

Answer 21

R v Mohan

Question 22

What does R v Mohan say?

Answer 22

D sets out/ aims/ decides to bring about a consequence to V

Question 23

What case is used for oblique intention?

Answer 23

R v Woollin

Question 24

What is the woollin test?

Answer 24

1. Would a reasonable man realise the consequence was a virtual certainty?
2. Did the defendant realise the consequence was a virtual certainty?

Question 25

What does R v Matthew’s and Alleyne say?

Answer 25

Proving the 2 part woollin test is only evidence of intent. It allows the jury to find intent but it does not require them to.

Question 26

What is the final part of a murder scenario? (Subject to relevance)

Answer 26

Coincidence.

Question 27

What does coincidence mean?

Answer 27

AR and MR must happen at the same time.

Question 28

What are the two ways we can make the MR and AR coincide if they do not naturally?

Answer 28

The single transaction theory. A continuing act

Question 29

What case is used for the single transaction theory?

Answer 29

R v Thabo Meli

Question 30

What comes first in the single transaction theory?

Answer 30

Mens Rea

Question 31

What comes first in a continuing act?

Answer 31

Actus reus

Question 32

What case is used for a continuing act?

Answer 32

Fagan v MPC

Question 33

What case is used for transferred malice?

Answer 33

R v Latimer

Question 34

What case is used for no transfer of malice?

Answer 34

R v Pembliton