SB: FO: Murder

Question 1

Define Murder

Answer 1

Murder is defined by lord coke as the unlawful killing of a reasonable creature in being, under the kings peace with malice aforethought, express or implied. This is a common law offence.

Question 2

Explain unlawful + case example

Answer 2

Unlawful means the killing will be illegal unless D acted in self defence or the defence of another or to prevent a serious crime from happen.
(Beckford v R)

Question 3

Explain Reasonable creature in being + case example

Answer 3

All human beings will be classed as a reasonable creature in being except if they are medically classed as brain dead ( R v Malcherek v Steel) or a Foetus ( AG Ref No3 of 1984)

Question 4

Explain kings peace + case example

Answer 4

If the country is under kings peace it means the country is not at war and therefore peaceful. This means it will be an offence to kill another officer unless the countries are at war.
(R v Blackman)

Question 5

CAUSATION: FC Explain the but for text + Case Example

Answer 5

But for D’s conduct V would not have suffered harm.

R v Pagett

Question 6

CAUSATION: LC Explain The De Minimis Principle + Case Example

Answer 6

The defendant must make more than just a minimal or trivial contribution to the death or harm of the victim. They don’t have to be the main or sole cause of death or harm.

R v Kimsey

Question 7

CAUSATION: IA Explain the Act of the Victim + Case Example

Answer 7

Any daft or unexpected act of the V may break the chain of causation
R v Roberts

Question 8

CAUSATION: IA Explain Act of God + Example

Answer 8

An unforseeable weather event out of any humans control.

EXAMPLES include unnatural unforeseeable events like earthquakes tsunamis, tornados, wild fires

Question 9

CAUSATION: IA Explain Act of Third party + Case Examples

Answer 9

Negligent treatment will only break the chain of causation if its palpably wrong and the injuries inflicted by D are largely healed.

R v Cheshire-
R v Jordan

Question 10

CAUSATION: Explain the Thin skull rule + Case Example

Answer 10

D Must take V as they find them, this means if they have a pre-existing condition which will be disregarded.
R v Blaue,

Question 11

Explain Direct intention + Case example

Answer 11

D has direct intention if its their aim desire and purpose to bring about the consequence.
( R V Mohan)

Question 12

Define a person being Reckless

Answer 12

A person disregards any risk for themselves or others while committing an act. This is a lower level of men’s rea than intention.
(R v Cunningham)

Question 13

Define a person being Negligent

Answer 13

Where an individual has a duty of care they must act in a way which ensures they meet the requirements of that duty

Question 14

Explain Negligence + case example

Answer 14

D must fall below the standard of the reasonable person, this negligence must be ‘Gross’ as determined by the jury.
(R v Adomako)

Question 15

Define strict liability

Answer 15

Men’s rea doesn’t need to be proven for the D to be guilty of an offence, simply completing the actus reus is satisfactory.

Question 16

Explain Strict liability - Gammon Principle + case example

Answer 16

1) The crime is regulatory as opposed to a true crime
2) The crime is one of social concern
3)The wording of act indicates strict liability
4) The offence carries a small penalty
(Gammon (Hong Kong) Ltd v A- Hong Kong)

Question 17

Define Coincidence

Answer 17

In order to be found guilty of an offence the actus reus and men’s rea must occur at the same time or be close to one another.

Question 18

Explain Coincidence + case example

Answer 18

Coincidence Requires the actus reus and the men’s rea to occur at the same time to prove criminal liability.
Coincidence is an absolute rule of law, a lack of coincidence means a lack of liability.
( Fagan V MPC)

Question 19

Explain Transferred Malice + Case example

Answer 19

The men’s rea of an offence will transfer from the intended V to V 2 therefore D will be responsible for the offence. It is not necessary that D foresaw harm to V 2
(R v Latimer)
( R v Pembliton)

Question 20

Explain Indirect intention + Case Example

Answer 20

The D intends on actus reus element obliquely where it is
1. virtually certain to arise
2. The D recognises that it is virtually certain to arise and
3. The jury finds that this amounts to an intention
(R v Woolin and R v Matthews and Alleyne)