Mens Rea of Murder Flashcards
What is the mens rea of murder stated as being?
‘malice aforethought ,express or implied’
the mens rea of murder is stated as being ‘malice aforethought, express or implied’ what does this mean?
this means that there are two different intentions, either of which can be used to prove the defendant guilty of murder
- express malice aforethought (intention to kill)
- implied malice aforethought (intention of GBH)
What is express malice aforethought?
an intention to kill
Which is implied malice aforethought?
an intention to cause GBH
If the mens rea for murder can be implied malice aforethought, what does this mean for a defendant?
that they can be guilty of murder even though they did not intend to kill
What case decided that D could be guilty of murder even though they did not intend to kill?
Vickers 1957
What happened in the case of Vickers 1957?
D broke into an old lady’s shop. V saw D, D hit V several times with his fists and kicked her in the head. V died as a result of her injuries. COA upheld conviction of murder as where D intends to inflict GBH as it has always been sufficient in English law that it implies malice aforethought
In what case did the HOL consider the same point as that in Vickers?
Cunningham 1981
What happened in the case of Cunningham 1981?
D attacked V in a pub with a chair. V died from injuries. D convicted of murder. HOL dismissed appeal and held that the law was firmly established, intention of GBH is sufficient for murder.
In which case did the HOL decide that ‘GBH’ has the natural meaning of ‘really serious harm’?
DPP v Smith 1961
Under which case was it held that it was not possible for a defendant to have the mens rea to kill or seriously injure a foetus because a feats does not have a separate existence from its mother?
Attorney General’s Reference 1997
Why was it held in Attorney General’s Reference 1997 that it was not possible for a defendant to have the mens rea to kill or seriously injure a foetus?
as a foetus does not have a separate existence from its mother
The general rules on intention apply to what?
murder
When is there a problem with proving intention?
in cases where the defendants aim was not to cause the death or serious injury of the victim, but in achieving the aim the death is caused
in cases where the defendants aim was not to cause the death or serious injury of the victim, but in achieving the aim the death is caused, what is this referred to as?
oblique intent