Murder

• What does express malice aforethought mean?

  intention to kill
• What does implied malice aforethought mean?

  intention to cause serious harm
• What is the Actus Reus of Murder?

  unlawful killing of a human being under the King's peace
• What is the Mens Rea of Murder?

  Intention to kill or intention to cause serious harm
• What are the 5 key elements of Murder?

  Unlawful killing

  Human being

  King's peace

  Any country of the realm

  Malice aforethought
• Give a case for an omission resulting in murder

  Gibbons & Proctor
• What happened in Gibbons & Proctor?

  Parents failed to feed their daughter
• What doesn't constitute to a human being?

  a foetus or a person who is brain dead.
• Give an example of a foetus case

  A-G's Reference No.3 1994
• Give an example of a brain dead case

  Malcherek
• What does the king's peace exclude?

  killing an enemy in battle when the country is at war.
• Give a case explaining the King's peace

  Blackman
• What does "within any country of the realm" include?

  killing a person anywhere in the UK
• What happened in Vickers?

  D struck V with several blows during a burglary of Vs shop.
• Is the test for intention objective or subjective?

  Subjective
• Give a case study for direct intent

  Mohan
• What happened in Mohan?

  D drove straight into the police officer
• Give a case study for Indirect intent

  Woollin
• What happened in Woollin?

  D threw baby at wall
• Define Direct intent

  D's aim or purpose
• Define indirect intent

  D realised the consequence was virtually certain
• What happened in Matthews & Alleyne?

  Ds pushed V from a bridge into a fast-flowing river, knowing that he couldn't swim. He fell 25 feet and drowned.
• What was the Ratio of Matthews & Alleyne?

  Foresight of a consequence as a virtual certainty is only evidence from which a jury may find intention.