Murder Flashcards
What is Lord Coke’s definition of murder?
the unlawful killing of a reasonable human being under the Queen’s Peace with malice aforethought.
What is meant by ‘reasonable human’ and give a case that established this
For instance a foetus and someone braindead (shutting of life support) are not seen as reasonable people
R v Malcherek and Steel [1981]
What is the Actus Reus of Murder and what is used to establish this?
To be found guilty, D’s act must have caused the death of the victim.
This is established using factual and legal causation
How is factual causation applied in murder?
uses the ‘but for’ test. Which was established in R vs White
Establishes but for (if not for) the defendants actions, would the victim be dead?
De Minimus Rule – Held that there must be more than a slight or trifling link. More than minimal cause
R vs Cato (heroin injection)
How is legal causation applied in murder? + case
Asses if the D’s act was the ‘operating and substantial cause’.
In murder this can vary between a substantial and minimal involvement. A D can be guilty even if his conduct only contributed to the death - chain of causation
What are the three factors of legal causation that might relate to a legal case + a caselaw for each
Thin Skull Rule - the defendant must take the plaintiff as they find them regardless of any pre-existing vulnerability they may have had
R v Hayward - rare condition that caused fright / shock to be fatal - husband who chased wife out of house found liable
V’s own act
R v Roberts - (girl jumps out of car when man was making sexual advances on her)
Novus Actus Interveniens - new intervening act
(chain of causation – R vs Blaue - refused blood transfusion)
What three things can break the chain of causation (novus actus intervenus)
Third party
V’s Own Act
Natural but unpredictable event
What is the mens rea of murder and what is used to prove this?
The mens rea of murder is - intention kill or cause GBH.
‘intent’ must be used to establish this
Name and define the two types of intent with a case
Direct intent is where the D’s purpose / intent is to kill
(R vs Mohan)
Oblique intent is where D’s direct intent is not death or GBH but something else where death or GBH is a virtual certainty as a result of that happening
(R vs Woolin)
Name the two special defences to murder
Dimished Responsibility and Loss of Control
Name the four general defences to murder
Intoxication, automatism, insanity and self defence
Who defines murder in law and what is a possible criticism of it?
Lord Coke - could be argued this definition is outdated
Lord Coke’s definition of murder can from 1628 and is therefore almost 400 years old. Perhaps the suggestion of it being ‘a mess’ is understandable. It is a common law crime with 400 years of case decisions.
How does murder relate to the queens peace
monarch is responsible for upholding the peace in the country. Therefore, the state, acting on behalf of the monarch, pursues justice against the perpetrator in order to restore order and uphold the rule of law.
This is also why soldiers are not done for murder for killings at war
‘Negligent medical treatment is rarely sufficient to break the chain of causation’ give a case that supports this view
R vs Smith - Soldier stabbed in leg and was later given negligent medical treatment that resulted in his death - man who stabbed still liable
What is the ‘year and a day’ rule + case
When was this ruled abolished?
Under this rule, if a person died more than a year and a day after sustaining the injury that led to their death, the perpetrator could not be charged with murder.
R vs Serne
This rule was abolished in Law Reform 1996
