Murder

• How is murder defined according to Sir Edward Coke?

  Murder is the unlawful killing of a reasonable creature in being under the Queen's peace with malice aforethought, express or implied.
• What are the key components of the Actus Reus of murder?

  1. Unlawful killing (self-defense is lawful)
  2. Killing must cause the victim's death

  • Omissions do not lead to liability without a duty to act
  • Causation must be established

  1. Reasonable creature in being (human being)
  2. Queen's peace (not murder in wartime)
• What must D's act or omission do in relation to V's death?

  D's act or omission must cause V's death.
• What is an example of a lawful killing?

  A killing done in self-defense.
• When can omissions lead to liability in murder cases?

  Omissions can lead to liability only if there is a duty to act.
• What is required for causation in murder?

  D must be a factual and legal cause with no intervening acts.
• What does "reasonable creature in being" refer to?

  It refers to a human being.
• What did AG Ref No 3 of 1994 establish regarding foetuses?

  A foetus is not a reasonable creature in being.
• What is the significance of "Queen's peace" in murder cases?

  It means it is not murder to kill an enemy in battle during wartime.
• What happens if a baby is born alive but dies from womb injuries?

  This is sufficient for the Actus Reus of murder.
• What are the two types of Mens Rea in murder?

  1. Express malice aforethought - intention to kill
  2. Implied malice aforethought - intention to cause grievous bodily harm
• What does "malice" mean in the context of murder?

  Malice does not mean will or malevolence.
• What is express malice aforethought?

  It is the intention to kill.
• What is implied malice aforethought?

  It is the intention to cause grievous bodily harm.
• What constitutes grievous bodily harm according to DPP v Smith?

  Grievous bodily harm is considered really serious harm.
• What are the two types of intention in murder cases?

  1. Direct intention - D's aim or purpose to bring about the consequence
  2. Indirect/oblique intention - Intention if death or serious injury is a virtual certainty and D knows this
• What is the significance of the case Vickers in relation to murder?

  Intending grievous bodily harm has always been sufficient for the Mens Rea of murder.
• What is indirect or oblique intention according to Woollin?

  It is when death or serious injury is a virtual certainty and D knows this.
• What are common issues that arise in murder scenarios?

  • Transferred malice
  • Coincidence rule issues
• What is direct intention in the context of murder?

  Direct intention is D's aim, purpose, or desire to bring about the criminal consequence.