Murder (Paper 1)

Question 1

What is the definition of murder

Answer 1

The unlawful killing of a human being, with the intention to kill or to cause GBH

Question 2

What is the actus reus of murder

Answer 2

The unlawful killing of a human being

Question 3

what 2 things must be established in the actus reus?

Answer 3

1) that the killing was unlawful
2) the victim is condidered a human being because they have an independent existence outside of the womb (AG Ref No3)

Question 4

What is meant by causation for murder

Answer 4

D must be the factual and legal cause of the victim’s death

Question 5

Factual Causation phrasing and case?

Answer 5

‘But for the D’s actions, would the result have happened anyway?’ (White)

Question 6

Legal causation asks? case?

Answer 6

‘Was D a significant contribution to the death / Were they MORE THAN a ‘slight or trifling link’ to the result (Kimsey)

Question 7

What are the causation issues and cases?

Answer 7

1) V’s own actions- no break if v’s actions are reasonable and forseeable(Roberts)

2) V doesn’t seek treatment- no break as V under no legal obligation to seek medical help(Holland)

3) Acts of third party/Bad medical treatment- No break if original injuries from D are substantial cause to the result(Cheshire). Life support is not a break(Malcherick & steel)

4) Natural but unpredictable event: Breaks the chain of causation.

5) Thin skull rule- No break because D must take their v as they find them(Blaue)

Question 8

What is the mens rea of murder

Answer 8

The intention to kill or to cause GBH

Question 9

What are the 3 types of intention?

Answer 9

1) D intended to kill = Direct intent- D’s aim, purpose and desire to kill to kill the the V(Mohan)

2) Death was a virtual certainty = Oblique intent apply the virtual certainty test(Woolin)

3) Was death or serious injury a virtual certainty as result of D’s actions? (Objective)