fatal offences: murder Flashcards
what is the definition of murder?
the unlawful killing of a creature in being and under the King’s peace with malice aforethought, expressed or implied (Lord Justice Coke)
what is the actus reus of murder?
requires the D’s positive act or omission to result in the unlawful killing of a reasonable creature in being during the King’s peace (Lord Justice Coke)
explain actus reus: reasonable creature in being
(4)
- a human being that is independent of their birth mother (left the mother’s womb) and taken at least one breath (Poulter)
- once a child is born, they’re still a reasonable creature in being even if the umbilical cord is not cut (Reeves)
- a foetus is not a reasonable creature in being (Attorney General Reference (No. 3 of 1994))
- the destruction of a foetus can be a criminal offence under the offence of child destruction (Infant Life (Preservation) Act 1929)
explain actus reus: v has no brain activity
a person on life support with no brain activity is a reasonable creature in being (Malcherek)
explain actus reus: withdrawal of life support
withdrawing life support does not break the chain of causation, as the V is dying from the harm the D caused (Malcherek)
explain actus reus: year and a day rule
there’s no time limit on death after the unlawful act or omission, but where it is more than three years after the event, the consent of the Attorney General is needed for prosecution (Law Reform (Year and a Day rule) Act 1996)
explain actus reus: killing occurs during King’s peace
the D’s killing of the V must occur during King’s peace, not during war (Blackman)
what is the mens rea of murder
requires the defendant to intend to kill, have foresight of consequences or
intend grievous bodily harm (GBH)
explain mens rea: malice aforethought expressed
the D’s aim was to unlawfully kill a reasonable creature in being
the D had direct intent to kill (Mohan)
explain mens rea: malice aforethought implied
the D’s aim was to cause GBH, the D had direct intent to cause serious harm (Vickers)
although the D did not intend to kill the V, it was virtually certain that the death or serious harm would occur from their conduct and they realised this, they had foresight of consequences (Woollin
what is the case for the actus reus?
Lord Justice Coke
what are the cases for reasonable creature in being?
Poulter
Reeves
Attorney General Reference (No. 3 of 1994)
Infant Life (Preservation) Act 1929
what is the case for the V having no brain activity?
Malcherek
what is the case for the withdrawal of life support?
Malcherek
what is the case for the year and a day rule?
Law Reform (Year and a Day Rule) Act 1996
what is the case for the killing occuring during the King’s peace?
Blackman
what are the cases for the mens rea?
Mohan
Vickers
Woollin
