Fatal Offences Against The Person Flashcards
What was murder defined as by sir Edward coke
The unlawful killing of a reasonable person in being and under the king’s peace with malice aforethought expressed or implied
What is the men’s rea behind murder?
Malice aforethought expressed or implied
-Intention to kill or cause GBH
What are two cases for the mens rea of murder?
R v vikers 1957
-d broke into cellar of a local sweet shop and knew that the old lady running the shop was deaf. When the old lady came and saw the defendant, he hit her several times with his fists and kicked her once in the head and she died as a result of her injuries.
-It pointed out that where a defendant intends to inflict GBH and the victim dies, that has always been sufficient in English law to imply malice aforethought
R v Cunningham 1981
-Defendant attacked victim in a pub and attacked him repeatedly with a chair. The victim died from his injuries and a jury convicted defendant of murder having found that he intended really serious harm at the time of the attack.. defendant appealed however House of Lords dismissed the appeal and decided that the law was firm established an intention to cause GBH was sufficient for the mens rea of murder
