Paper 1 B Fatal Offences Murder

Question 1

Murder definition

Answer 1

The unlawful killing of a human being under the queens peace with malice aforethought

Question 2

Killing definition

Answer 2

Courts have adopted the medical definition (brain stem death) - Malcherek

Question 3

unlawful killing definition

Answer 3

sometimes a defence can make it lawful or the medical withdrawal of treatment can be lawful - Airedale NHS Trust v Bland

Question 4

Human being definition

Answer 4

unborn child is not human, it must take independent breath from its mother - AG’s Ref (No.3 of 1994) 1997

Question 5

under the queens peace definition

Answer 5

killing at war is not murder, as long as standard rules of engagement are followed

Question 6

Actus Reus for murder

Answer 6

the unlawful killing of a human being under the queens peace

Killing can be by act or omission [ Gibbins and Proctor] but it must cause the death of the victim

Question 7

Murder is a ……. crime

Answer 7

murder is a result crime and this requires causation to be discussed

Question 8

Causation has 2 elements

Answer 8

factual ( white) and legal

Question 9

factual causation

Answer 9

but for test - white

Question 10

legal causation

Answer 10

deminius principle
intervening acts
thin skull rule

Question 11

De minimus principle

Answer 11

Must be more than a minimal contribution’- Pagett

‘More than a slight or trifling link’- Kimsey

Question 12

intervening acts

Answer 12

acts of a third party
acts of the victim
acts of god

Question 13

acts of a third party

Answer 13

Must render the Ds contribution insignificant
thoroughly bad does not break the chain as long as the original injury is operating Smith,
if the original injury is operating and substantial then it wont break the chain Cheshire,
palpably wrong treatment breaks causation Jordan,
life support case - Malcherek

Question 14

acts of the victim

Answer 14

‘Daft and unexpected’

Roberts; Williams and Davis

Question 15

acts of god

Answer 15

A natural but unpredictable event

Question 16

Thin skull rule

Answer 16

D must take his Victim as he finds him- the whole man -Blaue

Question 17

murder MR definition

Answer 17

malice aforethought

This is interpreted to mean an intention to kill or intention to cause grievous bodily harm

Question 18

Is serious harm intention

Answer 18

defendant can be guilty of murder even if he only intended serious harm Vickers (1957)

Question 19

Serious harm/GBH definition

Answer 19

It has been established that ‘serious harm’ is sufficient for grievous bodily harm Smith (1961); Saunders (1985)

Question 20

Murder MR Satisfaction

Answer 20

Only satisfied by intention as it is a specific intent crime
direct or oblique intent
intention to cause GNH/Kill

Question 21

direct intent

Answer 21

Direct intent is where the death or serious harm is the defendant’s aim or purpose (Mohan)

Question 22

oblique intent

Answer 22

Oblique intent is where the defendant had a different aim or purpose, but will have foreseen the death or serious harm as a virtual certainty as a result of his actions (Nedrick; Woollin)

Question 23

is foresight intention alone

Answer 23

Foresight of consequences is not intention, but it is strong evidence of intention.
Mattews and Alleyene