(Crim) Murder Flashcards
Elements of Coke’s definition
- Man of Sound Memory
- Age Of Discretion
- Unlawfully Killeth
- Within Any Country Of The Realm
- Any Reasonable Creature in Rerum Natura
- Under The King’s Peace
- Year and a Day
Re A (2000)
Unlawfully Killeth:
Courts authorised the separation of conjoined twins knowing that one would have to “Die”
Attorney-General’s Reference No. 3 of 1994
Reasonable Creature In Rerum Natura:
D stabbed V (pregnant girlfriend) in the abdomen. Baby was born prematurely and died. Not able to transfer malice for murder of the foetus. Could transfer manslaughter.
R v Malcherek (1981)
Reasonable Creature In Rerum Natura:
V was brain dead and doctors turned off life support. If V is considered to be brain dead, turning off machine did not end his life.
R v Gibbins & Proctor (1918)
Mens Rea:
Father + GF living together with child. Neglected child and child died. Murder can be committed by omission.
R v Vickers (1957)
Mens Rea (Malice):
D broke into shop owned by old woman. D punched old woman and killed her. Intent to cause GBH can be used as an attempt to murder.
s. 8 Criminal Justice Act 1967
Mens Rea:
Jury will not be bound in Law to infer that they intended or foresaw a result.
R v Cunningham (1981)
Mens Rea:
Made Cunningham recklessness
DPP v Smith (1961)
Mens Rea:
D was found guilty of murdering a policeman. “was death a natural and probable consequence of D’s Act”
R v Woollin (1998)
Mens Rea:
D chucked his 3 month old across the room. The child died. HoL thought that it was substantial risk even though D did not intend to kill.
R v Matthews & Alleyne (2003)
Oblique Intent:
2 D’s robbed V and pushed him into a river. D’s claimed they did not intend to kill as they did not know that V could not swim. Judge said “If drowning was a virtual certainty, they had intention to kill”
