Murder Flashcards
What are the elements of Actus Reus in Murder?
Unlawful killing
Human being
Kings peace
Causation
What is the element of Mens Rea?
Malice Aforethought
What is unlawful killing + a case?
A positive act or omission which has led to the death of the victim
R v Gibbins & Proctor - D starved 7 YO to death - omission
What is a human being + case?
A baby must be born & outside the mother to be a ‘human being’ for the purposes of murder
R v Poulton - mother strangled newborn baby - murder as it was fully delivered alive from the mothers body
What is kings peace + case?
When there is no battle
R v Page - soldier killed egyptian citizen in a village - although war was on, it was not on the battlefield, therefore under kings peace - murder
What does causation cover?
Factual causation - but for D’s actions V would still be alive
Legal causation - D must be more than the minimal cause of Vs death
Case for factual causation?
R v White - D poisoned mothers drink with cyanide - mother died of unrelated heart attack - not guilty - couldnt be said but for D’s act V wouldnt have died
Case for Legal causation?
R v Smith - D stabbed V - V was dropped and doctors gave him wrong treatment - stab wound was an operating and substantial cause of V’s death - murder
What comes under Malice aforethought?
Mental state of D - s1 Homocide Act 1957
Express malice + Implied malice
What is express malice?
Intention to kill
Direct = D desires to kill - R v Mohan (policeman signalled)
Oblique - D’s conduct was virtually certain to result on V’s death - R v Woollin (threw baby on hard surface)
What is implied malice?
Intention to cause serious harm
Direct = D desires to cause serious harm - R v Vickers (D broke in shop to steal - hit V 10-15 times - died)
Oblique = D’s conduct is virtually certain to result in serious harm - R v Woollin
