murder

• paragraph 1

  the most serious charge a defendant can be charged with is murder. murder is the unlawful killing of a human being under the kings peace with malice aforethought, either express or implied. to be criminally liable, the defendant must have the actus reus, mens rea and no defence
• paragraph 2

  the mens rea for murder is malice aforethought, either express or implied. express malice is the intention to kill and implied malice is the intention to cause gbh

  
  

  APPLY
• paragraph 3


  there are 2 types of intent, either direct or oblique. direct is setting out to commit a particular act and oblique is something happening alongside the outcome that was directly intended. intention is a virtually certain consequence and the defendant appreciated that (case of woolin)

  APPLY then conclude on mens rea
• paragraph 4


  actus reus is the guilty act. the actus reus of murder is the unlawful killing of a human being under the kings peace

  APPLY
• paragraph 5


  murder is a result crime and must result from the defendants acts. there are 2 types of causation. factual causation is the but for test as in r v white APPLY. legal causation is moral responsibility as in r v dalloway APPLY. the defendant must also be more than a minimal cause of death as in r v kimsey. a number of parties can break the chain e.g 3rd parties, doctors and victims themselves APPLY DONT BREAK CHAIN
• paragraph 6

  the actus reus and mens rea must coincide by prima facie

  guilty or not?