a template which can be followed to answer a muder scenario, i got full marks on this unit

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  • Created by: mobee
  • Created on: 02-05-11 16:30
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Murder template
...............maybe found liable for the murder of ............. . The
definition of murder was expressed by Lord Coke in the 17th century as;
`the unlawful killing of a reasonable person in being, with malice
aforethought express or implied'. It is an indictable offence and carries the
maximum punishment of life imprisonment.
The Actus Reus of this offence is; `the unlawful killing of a reasonable
person in being under the Queen's peace'.
Was the killing lawful and carried out under the Queen's peace?
Was the victim a reasonable person?
Issues regarding a foetus(A-G reference no3) or brain
Application: is the Actus Reus satisfied?
The Mens Rea of this offence is `malice aforethought express or implied'.
Malice was defined as intending grievous bodily harm which would
suffice for murder (Vickers).
Express intention: `intending the criminal consequences of the act,
whether or not they are desired'(Mohan)
Implied intention: the two part test established in Woolin; 1) was
the outcome a virtual certainty, 2) did the defendant know the
outcome was a virtual certainty?
Application: is the Mens Rea satisfied?
To conclude, taking these factors into account in this case ......... is
likely/unlikely to be found liable for the murder of .........., which can
result in a maximum punishment of life imprisonment.


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