Criminal Law:Murder Exam Technique

Murder Exam Technique


Murder (IDEA Structure)


I The relevant issue is murder.

D Murder is defined by Edward Coke as the unlawful killing of a
reasonable person in being under the Queen’s peace with malice
aforethought, express or implied.

E The actus reus of murder is the unlawful killing of a reasonable
person in being under the Queen’s peace.

E An unlawful killing is an act or an omission where there is no valid
defence.

Additional Cases (Omissions):
An omission does not make a defendant guilty of an offence unless
one of the exceptions apply.

> R v Dytham (1979) states there is a duty through one’s official
position.

> R v Gibbons & Proctor (1918) states there is a duty because of a
relationship.

> R v Stone & Dobinson (1977) states there is a duty which has been
taken on voluntarily.

> R v Pittwood (1902) states there is a contractual duty.

> R v Miller (1983) states there is a duty which arises because the
defendant has set in motion a chain of events.

A In this case…(Apply to case).

E A reasonable person in being means that to be murdered, the victim
must be a human being.

Additional Cases:
> AG’s Reference No3 of 1994 (1997) states a foetus is not a human
being.

> R v Malcherek and Steel (1981) states a person who is classified as
brain dead is not a human being.

A In this case…(Apply to case).

E Under the Queen’s peace means that if it is a time of war, then it is