Murder

Question 1

Sir Edward Coke 1797 defined murder but this has been updated to fit with today’s language, what is the DEFINITION of MURDER today?

Answer 1

“Causing an unlawful death of a human being under the king’s peace with malice aforethought”

Question 2

What type of offence is murder and what is the sentence?

Answer 2

Indictable offence meaning can only be dealt with at the crown court.
Maximum sentence is LIFE!

Question 3

Actus reus of murder:

Answer 3

Causing
Unlawful death
Of a human being
Under the King’s peace

Question 4

Mens Rea of murder:

Answer 4

Malice aforethought

(This can be intention to kill or to commit GBH)

Question 5

Causation rules:

Answer 5

Factual causation - But for test - R v White

Legal causation/ Operating and substantial cause -More than de minimus - R v Kimsey - Main cause

No new intervening act - Novus actus interveniens

Question 6

Unlawful death

Answer 6

Causing death may be considered lawful if :
- A valid defence is given (self-defence, prevention of crime , necessity)
- If they are a doctor withdrawing treatment (Airedale NHS trust v Bland 1993)

Question 7

Of a human being:

Answer 7

AG’s Ref N03 of 1994 - A foetus is not legally a human being

R v Malcharek 1981 - Someone who is brain stem dead is no longer alive in the eyes of the law.

R v Inglis 2011 - a victim with brain damage no matter how severe is still a human being.

Question 8

Under the King’s Peace:

Answer 8

Refers to death outside of war time.
A soldier who kills in war time not guilty as it is not under the king’s peace.

Question 9

Malice aforethought:

Answer 9

Malice - Does not require ill will or malevolence

Aforethought - Does not require pre-planning, the thought or intention can occur immediately beforehand.

Question 10

Intention to kill is referred to as ‘express malice’

Answer 10

R v Mohan 1975 - a decision to bring about in so far as it lies within the accused’s power a desired consequence, no matter whether the accused desired that consequence or not.

R v Nedrick/ R v Woolin - Includes direct/oblique intention where it is not the defendants main aim but a virtually certain consequence.

Question 11

Intention to commit GBH is referred to as ‘Implied malice’

Answer 11

R v Vickers 1975:
“Malice aforethought has already been defined in english law as an express intention to kill or implied whereby a voluntary act, the accused intended to cause Grievous bodily harm to the victim and the victim died as a result”