Murder Flashcards
What is the actus reus of murder?
The definition of murder comes from the common law as, ‘the unlawful killing of another human being under the queens peace with malice aforethought’ (sir edward coke)
How do you apply the actus reus?
In this case it is self evident that the killing occurred under the queens peace. It is also self evident that v is a human being as thy are breathing with their own lungs and fully expelled from his mothers body (rance). And ‘’ was arguably not in self defence.
How to apply causation in a murder case
We must establish that v’s injuries were caused by d. There are two types; causation in fact (Padgett) and causation in law (jordan)
What is the mens rea in murder?
Malice aforethought, which is intention to kill or cause serious harm. Courts established in Vickers (1957) and confirmed in Cunningham (1981) that intention can take two forms; express and implied malice aforethought.
Express malice aforethought is intention to kill
Implied malice aforethought is intention to cause GBH
When establishing malice aforethought, d could either have direct intention or oblique
Direct intention is d aim or purpose (mohan)
Oblique is definedusing the wool in test ‘if d foresees death or serious harm as a virtual certainty, the courts will generally infer oblique intention’
How to apply the mens rea
Express m/a through direct intention- main aim or purpose to kill
Express m/a through oblique intention- virtually certain d’s actions would kill
Implied m/a through direct intention- main aim or purpose to cause gbh
Implied m/a through oblique intention- virtually certain through d’s actions gbh would occur
What is the sentence is found guilty
Life imprisonment
What are the two partial defences for murder
Diminished responsibility (s.2)(1) (homicide act 1957 as amended by coroners and justice act 2009) Loss of control (s.54 coroners and justice act 2009)
