I got a grade A for A level law (2014) so I highly recommend using this thread and the techniques I used
THESE ANSWERS ARE GUARANTEED TO GET YOU A SOUND WITH SUFFICIENT APPLICATION
MURDER
[video="youtube;_t2Luj8zAoY"]https://www.youtube.com/watch?v=_t2Luj8zAoY[/video]
Murdahhh
Definition first "Unlawful killing of a human being with malice aforethought" - Sir Edward Coke then say x may be convicted of the murder of y
Then actus reus which is the unlawful killing " x's action of stabbing y resulted in the death of y and as murder is result crime it must be proven the death caused was both factual and legal. "but for x stabbing y, y would not have died - white" and the act of stabbing is both operative and a significant contribution" - Smith, cheshire
Mens rea is intention to kill (expressed) or inflict GBH (implied) and must be done with 'malice aforethought' - Vickers. In regards to intention, Matthews V Alleyne rules intention is a rule of evidence for the jury to decide. It can be both direct through the D's decision to bring about the consequence of death or gbh -Maloney or indirect where death is virtually certain and the D appreciated this.- Nedrick,Woollin . X had the expressed mens rea as he had intent to kill (maloney) through the actions of stabbing y.
Both elements of murder are satisfied