How would I approach a problem question on murder?

To tackle a problem question on the offence of murder, you should take it step-by-step and look closely at the facts. As with any criminal offence, both the actus reus (act) and mens rea (mental state) must be proven. First, establish the actus reus and then, once established, move on to the mens rea. Remember that both are necessary to find someone guilty of a crime.The answer can be structured as follows:1- Introduction- define murder (Lord Coke's definition) and define the elements of murder ("unlawful killing" and "Queen's peace")2- Actus reus: Is there an unlawful killing? Establish whether this was a positive act or omission. Are the “human being” and “Queen’s peace” conditions satisfied?3- Causation must be proven. This involves both factual causation (“but for” cause of death) and legal causation (more than a minimal cause of death).4- Mens rea: Is there intention to kill or cause grievous bodily harm? This can be direct intention (where death is desired) or oblique (indirect) intention (where V’s death was a virtual certainty and the defendant knew this). Conclusion- is it likely that the defendant will be liable for the murder?Consider additional factors that may impact your conclusion:New and intervening act- For the causation element, is there a “new and intervening act” through a third party, the victim’s own actions, or an unforeseen event? Thin skull rule- Does the thin skull rule apply- where the defendant must take the victim as he finds him, even if his is particularly vulnerable in some way? E.g. he has a "thin skull".Transferred mens rea- Even if the death is not intended, could the mens rea be transferred from the intended victim to the actual victim? Coincidence- do the actus reus and mens rea coincide through a continuing act or chain of events?Make sure you look very closely at the facts of the problem question and use these to answer the question (e.g. "There is direct intention to kill because Sam thought beforehand that he would throw the rock at Ben, as per Mohan).Finally, it is crucial that you state the law with reference to the relevant case law. The cases can either be written in brackets after a statement of law (Mohan) or you can start a sentence with "As in Mohan...". Try to remember a case for each important statement of law that you make.