Criminal Law- Murder Flashcards
What act governs murder
The homicide act 1957
Who defined murder
Sir Edward Coke 1797
What act abolished the ‘year and day’ part of the murder definition
The Law Reform Act 1996
LP of Attorney General 1997
Transferred malice was not applicable as the transferee had to be in existence at the time when the D formed mental intent
What is the MR for murder
To kill or cause GBH
R v Mohan 1975 LP
It defines intention as ‘as a decision to bring about the prohibited consequence, whether the accused desired that consequence or not.’
R v Bryne 1960
Direct intention
R v Woollin 1998
Indirect intent is based on the D at the time of the offence believing that death was virtually certain
What is direct intent
Wanting death
What is indirect intent
Where the D may not want to cause death, but death could certainly happen because of their acts
Causation is established using what 2 stage test?
- Factual causation (but for test)
- Legal causation (thin skull rule or the Operating and Substantial cause test)
R v White 1910
Causation must be proved in a murder case. The prosecution must establish a link between the D’s acts or omission and the death of the victim.
But for the Ds action would the death have occurred.
What does legal causation examine?
The action of the D and whether it contributed to the death of the victim.
What does the thin skull rule mean
The accused must take the victim as the accused finds.
Thin skull rule key case example
R v Blaue 1975
