Murder Flashcards
What is the definition for Murder?
Lord Coke defined it as the unlawful killing of a reasonable person in being under the Kings peace with malice aforethought express or implied.
What is the case for the V being killed and what does it set out?
R v Malcherek - Confirms brain stem as the current medical term for death.
What case sets out Of a reasonable creature in being?
Foetus - You cannot be found guilty of murdering a foetus.
AG’s reference 1997 - The Child being born alive and then dying is murder.
Doctors can switch off life support machines.
What other tests must be completed as set out by the definition?
Under the King’s peace - The killing of an enemy in war is not murder.
The Killing was unlawful - The defendant does not have a defence.
Can be an act or omission - Defendant must be 10 years old and sane.
What case sets out the rule for omissions?
Stephen J - If Omission the normal rule is that an omission cannot make someone liable for the offence but there are exceptions.
What cases set out the exceptions for omission?
1) Contractual Duty - R v Pittwood - Omission because of a contract you enter.
2) Duty because of a relationship - R v Gibbins and Proctor - Parent and child relationship.
3) A duty that has been undertaken voluntarily - R v Stone and Dobinson - Someone volunteers to take a duty.
4) Duty through one’s official position - R v Dytham - Police officer on duty.
5) A duty which arises because the D has set about a chain of events - R v Miller - Squatter accidentally creates fire and leaves it.
Actus Reus - Factual Causation?
D can only be found guilty if the consequence would not have happened but for the D’s conduct. R v Pagett - Sets out but for test.
Actus Reus - Legal Causation?
D can be found guilty if their conduct is more than a minimal cause - R v Kimsey.
Thin - Skull rule - R v Blaue - The D must take the victim as he finds them.
Intervening Acts - Not medical treatment?
1) An act of the third party - Independent of the D and sufficiently serious intervening act.
2a) V’s own act - unforeseeable act of the victim will be an intervening act - R v Williams.
2b) V’s own act - foreseeable reaction from the victim will not be an intervening act - R v Roberts.
3) A natural but unpredictable event.
4) Victims self neglect or suicide - R v Wallace.
Intervening Acts - Medical?
R v Smith - not an intervening act as death still possible from original conduct.
R v Jordan - Intervening act because the act caused the death, original conduct would have not caused the death.
R v Malcherek - Life support machines being switched off does not break chain of causation.
What case sets out the Mens Rea for murder?
R v Inglis - The Mens Rea for Murder is Malice Aforethought.
What case sets out direct intention?
Mohan - The decision to bring about the prohibited consequence.
What are the two different types of intention for murder?
Moloney - Express malice aforethought, which is the intention to kill.
R v Vickers - Implied malice aforethought, which is the intention to do grievous bodily harm.
What is oblique intention?
D intends one thing as a consequence but another thing occurs.
Foresight of consequences.
For cases of oblique intention the D must have foresaw that what he was doing would have caused another consequence. R v Woolin.
What is transferred Malice?
Latimer - D could be guilty if he intended to commit a similar crime against a different victim.
Pembliton - However, the MR for one offence cannot be transferred to a different offence.
