Murder Flashcards
Who came up with definition of Murder
c.17 Lord Coke - Elizabethan Jacobean era
Unlawful
Beckford
Killing
Ds act must cause V death
Omissions
do not give rise to liability unless there is duty to act
Duty if D voluntarily assumes duty
Stone v Dobson
Because of a relationship
Gibbins v Proctor
D created dangerous situation
Miller
Factual Causation
but for D act would V have died (White)
Legal Causation
More than a slight or trifling link (kimsey) More than a minimal cause (Cato)
Vs own act may break chain if they are daft
Williams
If V acts in reasonably foreseeable way it will not
Roberts
Overwhelming failure in medical treatment
Jordan
Thin skull
Blaue
Reasonable creature in being
AG ref no 3 of 1994-foetus isn’t reasonable creature in being.
Under the Queen’s peace
it is not murder to kill enemy during war R v Page
Mens Rea
malice aforethought express or implied
Express malice
Intention to kill
Implied Malice
intention to cause GBH DPP v Smith Vickers
Direct intention
Mohan , D’s aim purpose or desire/ making a decision
Direct intention
Mohan , D’s aim purpose or desire/ making a decision bring about the criminal consequence (for murder kill or cause GBH)
Oblique
Jury can find intention if death or serious injury is virtually certain as a result of D’s actions and D knows this (Woollin)
Transfered Malice
if D intends to commit the crime against a different victim Mr can be transferred from the intended to to the actual victim. Latimer
Coincidence Rule
AR&MR must happen at the same time for D to be guilty. Where there are a series of events if D has MR at any point D may be liable. Thabo Meli
