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This is a Handout on the Law of Murder, written by an experienced examiner and used over many years with my students.

It is a short introduction to the topic and is an invaluable aid for AS and A Level students of the subject.

It is 7-pages long and it is estimated that it would take about 60-minutes of teaching time. There are questions and exercises throughout.

The Handout is structured as follows:

  • Definition and Jurisdiction of Murder: Murder is defined as the unlawful killing of a reasonable person under the Queen’s peace with malice aforethought, and British citizens can be charged with murder committed in any country.
  • Actus Reus Elements: The actus reus of murder includes four elements: D killed, a reasonable creature in being, under the Queen’s Peace, and the killing was unlawful. The document primarily focuses on the first element.
  • Importance of Causation: For murder, it is crucial to prove that D’s act or omission caused the death of V, with examples like Gibbins v Proctor illustrating how omissions can fulfill actus reus.
  • Reasonable Person in Being: The term refers to a human being, with complexities arising in cases involving a foetus or brain-dead individuals.
  • Unlawful Killing: Killing is unlawful unless it is in self-defence, defence of another, or prevention of crime with reasonable force.
  • Mens Rea for Murder: Murder requires specific intent, meaning the jury must be convinced of an intention to kill or cause grievous bodily harm, as illustrated in cases like Vickers and Swift.
  • Indirect or Oblique Intention: Issues arise when D’s primary aim is different from causing death or serious injury, but death results, requiring examination of indirect intention.

An invaluable introduction to murder for any students of the subject!

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