3: Murder Flashcards
Murder defenition
Lord Coke:
The unlawful killing of a reasonable creature in being under the Kings peace, with malice aforethought
AR for murder
- unlawful killing
- human being
- under Kings peace
AR for murder:
Unlawful
Lawful killings:
- turning off life support machine (R v Malcherek, R v Steel)
- Dr operating on one patient to save another (Re A)
- Withdrawal of life support (R v Bland)
AR for murder:
‘killing’
Can be a positive act or an ommission (R v Gibbons & Proctor)
Apply normal rules of causation
AR for murder:
‘reasonable creature in being’
Include cases
A human being
- foetus is not a human unless injured in womb, born alive then died from injuries (AG’s Ref No.3 of 1944)
- probable that a person who is ‘brain dead’ is not a reasonable creature in being (R v Malcherek)
AR for murder:
‘under the Kings peace’
Include case
The killing of an enemy in the course of war will not be murder
R v Page
MR for murder
malice aforethought (intention)
R v Moloney
Recklessness is not sufficient MR for murder
Foresight of consequences is only evidence of intention not intention itself
Types of intention for murder
- express or implicit
- direct or oblique
Express malice
intention to kill
Implies malice
Include 2 cases
intention to cause GBH
R v Vickers
R v Cunningham
GBH
“really serious harm” DPP v Smith
“serious harm” R v Saunders
Direct intention
Include case
Ds aim objective purpose and desire to bring about certain consequences
R v Mohan
Oblique (indirect intention)
Include cases
Virtual certainty test
R v Woolin
