Is murder a common law offence?
Yes
No
Who defined murder?
Lord Coke
Attorney-General
What are the different elements to the AR of murder?
Unlawful killing
Reasonable person in being
Under the Queen's peace
Malice aforethought expressed or implied
What is the element of the MR of murder?
What is an omission?
A positive act
A failure to act
What cases can you use for omissions?
Gibbins and Proctor (1918)
Pittwood (1902)
Miller (1983)
Chan Fook (1994)
Quick (1973)
A foetus in the womb consider 'in being'? (Attorney-General's Reference (No.3 of 1994) 1997)
Doctors are not permitted to switch off life support machines of 'brain dead' patients without being liable for murder? (Malcherek and Steel 1981)
The AR of murder can be present when a prisoner of war is killed but not when an enemy of war is killed?
When must the Attorney-General give his consent for a prosecution of murder?
If death occurs more than three years after the injury occurred
Where a person has already been found guilty of an offence that was connected to the circumstances of the death
Where a British citizen has been arrested for alleged murder outside of the UK
What is causation?
The direct and unbroken link between the D's act and its criminal consequence
Where the AR of an offence has passed from the intended V to the actual V
What are the different types of causation?
Factual
Legal
Lawful
Unlawful
Factual causation - In White (1910) the D poisoned his mothers drink with the intention of killing her but the chain of causation was broken because her actual cause of death was a myocardial infarction.
Factual causation - In Pagett (1983) a police bullet killed the V who was being held as a human shield by the D. Who was responsible for the V's death?
Police
Defendant
What case can be used for legal causation?
Cato (1976)
Kemp (1957)
Sullivan (1984)
Does the case Blaue (1975) illustrate the principle of take your victim as you find him?
Which of the following cases had a break in the chain of causation?
Jordan (1956)
Smith (1959)
Cheshire (1991)
Malcherek and Steel (1981)
Roberts (1971)
Williams (1957)
Malice has to be present?
Aforethought does not need any previous planning or thinking about it before hand?
The MR of an intention to kill includes
Intention to kill
Intention to cause GBH
Intention to cause ABH
Intention to do assault or battery
Moloney (1985), Hancock and Shankland (1986), Nedrick (1986) and Woolling (1998) are all case examples of what?
Foresight of consequences
Loss of control
Diminished responsibility
