Murder

Question 1

What is the definition of murder?

Answer 1

Unlawful killing of a reasonable creature in being under the Queen’s peace with malice aforethought

Question 2

How can ‘killing’ be committed?

Answer 2

Via an act or omission

Question 3

What case outlines voluntary acts?

Answer 3

Hill v Baxter

Question 4

Through what 5 ways can someone have a duty to act?

Answer 4

Contractual, relationship, public office, creating a dangerous situation or voluntarily assuming responsibility

Question 5

What must be proved in order to show that D is criminally liable for V’s death?

Answer 5

Factual and legal causation

Question 6

What is the leading case for factual causation?

Answer 6

R v Pagett

Question 7

What legal principle came out of the case of R v Pagett?

Answer 7

The ‘but for’ test

Question 8

What is the leading case for legal causation?

Answer 8

R v Smith

Question 9

What legal test came out of the case of R v Smith?

Answer 9

The operative and substantial cause test

Question 10

What are the 3 types of intervening act that can break the chain of causation?

Answer 10

1) Victim’s own actions, 2) Actions of a third party, 3) Act of god

Question 11

What is the leading case for a victim’s own actions?

Answer 11

R v Williams

Question 12

What is the leading case for actions of a third party?

Answer 12

R v Jordan

Question 13

What is example of an act of god?

Answer 13

Earthquake

Question 14

What is the leading case of the thin skull rule?

Answer 14

R v Blaue

Question 15

What makes a killing ‘unlawful’?

Answer 15

Not self defence, not a soldier in combat, no defense can be used

Question 16

Which case demonstrates an ‘unlawful’ killing?

Answer 16

R v Martin

Question 17

What is the meaning of ‘under the Queen’s peace’?

Answer 17

The country is not at war (war has not been declared)

Question 18

What case demonstrates the meaning of ‘under the Queen’s peace’?

Answer 18

DPP v Clegg

Question 19

Define ‘reasonable creature in being’

Answer 19

A person who is alive with a functioning brain stem

Question 20

When does life begin legally?

Answer 20

At birth

Question 21

What case outlines when life begins?

Answer 21

Attorney General’s reference (No3 of 1994)

Question 22

In accordance with R v Malcharek and Steel, when does life end?

Answer 22

When the brain stem stops functioning

Question 23

What legal principle came out of Airedale NHS trust v Bland?

Answer 23

Life sustaining treatment can be withdrawn from a patient in persistent vegetative state as long as the court gives permission

Question 24

What two types of malice aforethought are there?

Answer 24

Express and implied

Question 25

What is implied malice?

Answer 25

Where D intends to cause GBH

Question 26

Define GBH as per DPP v Smith

Answer 26

Really serious harm

Question 27

What case outlines implied malice?

Answer 27

R v Vickers

Question 28

What legal principle came out of R v Vickers?

Answer 28

D can be convicted of murder if it is proved that they had direct/indirect intention to cause GBH`

Question 29

What type of mens rea will not suffice for a murder conviction? (and therefore which types of mens rea are required?)

Answer 29

Recklessness will not suffice and therefore (in)direct intention must be proved to secure a conviction

Question 30

What is expressed malice?

Answer 30

Where D intends to kill

Question 31

What are the two cases which must be referred to in the case of mens rea for both expressed and implied malice?

Answer 31

R v Mohan (direct) and R v Woollin

Question 32

What things might show that D has expressed malice?

Answer 32

Pre-meditation, use of a weapon, sustained attack, motive or history with the victim, homophobic or racist attack