Transcription 1/11/2025, 21:08:52

Notes

• Exam Structure: Murder **INTRODUCTION:** D [insert name] may be guilty of the common law offence of murder. **1. ACTUS REUS OF MURDER** *STATE THE LAW:* The actus reus of murder was defined by Lord Coke as "the unlawful killing of a human being under the King's peace." The unlawful killing could be through an act or an omission. Human being means a person who is alive and not dead. Killing an enemy during wartime is not unlawful, as this no longer falls under the King's peace. *APPLY TO CASE STUDY:* How has V been unlawfully killed? Is V considered a human being? Was V killed in peacetime? **2. THE DEFENDANT'S ACTIONS MUST CAUSE THE DEATH** *STATE THE LAW:* D's actions must cause death. Factual and legal causation must be proven. The test for factual causation is "but for" D's actions, the consequence to V wouldn't have occurred. The test for legal causation is that D's actions must have made a significant contribution to the consequence (R v Pagett). *APPLY TO CASE STUDY:* - Apply the "but for" test... - Apply any relevant intervening acts and consider if D has made a significant contribution to the death: *EXAM TIP:* [INTERVENING ACTS - STATE ONLY IF RELEVANT TO C...