Murder Flashcards
What is Lord Coke’s definition of Murder?
the unlawful killing of a reasonable creature under the Kings peace(AR) with malice aforethought, expressed or implied (MR)
(Reasonable Creature) What AG Ref established the person must be able to live without support?
AG Reference No.2 1994 - Foetus
What case established that turning off life support is not murder?
R v Malcherek 1981
Name the 4 main cases in reference to murder by omission
R v Gibbins and Proctor 1918 - Special Relationships - Starvation
R v Stone and Dobinson 1977 - Voluntary Responsibility - Under their care
R v Pitwood 1902 - Contractual - Railway
R v Miller 1983 - created dangerous situation - arson
What are the facts and significance of R v Gibbins and Proctor 1918?
Gibben’s 9 year old daughter was under the care of Gibson and Proctor (His mistress). He gave money to Proctor to take care of the daughter yet she allowed to starve to death. This is significant as despite there being no positive act, the court found that their omission constitutes murder.
What are the facts and significance of R v Stone and Dobinson 1977?
S and D took in S’s disabled sister. S and D owed a duty of care. d did provide her with food and cleaning, however the Victim still died
What are the facts and significance of R v Pitwood 1902
D was a railway worker (contract) who was meant to close the gate when a train was about to pass. He went on a break but left the gate open leading to a cart and horse being struck. The driver died. D appealed his conviction of manslaughter. Significant as it established breach of contractual duty can be murder.
What are the facts and significance of R v Miller 1983
D was a vagrant who, after a night of drinking, went back to the place he was squatting at and fell asleep with a cigarette in his hands. This started a fire that he had failed to put out. He created a dangerous situation and was charged with arson
What are the three main cases in reference to ‘ implied malice, aforethought’
R v Vickers (1957) - GBH resulting in death = Murder
R v Cunningham (1981) - Same as last*
R v Whybrow (1951) - Attempted murder requires intent
What are the facts and significance of R v Vickers (1957)?
D was burgling a home when the elderly woman confronted him. He hit her multiple times so she couldn’t identify him. This resulted in her death. Significant as when D appealed the court established that intent to cause GBH is murder, not manslaughter.
What are the facts and significance of R v Cunningham (1981)?
D pulled out a gas meter which led to him poisoning and killing his mother in law. ‘Cunningham Recklessness’
What are the facts and significance of R v Whybrow (1951)
The defendant wired up the soap dish in the bath
intending to electrocute his wife. CoA held that there
needed to be an intention to kill for
attempted murder
What case case established there must be direct intent, specifically to do GBH?
R v Mohan (1976)
What are the facts and significance of R v Mohan?
An officer stopped Mohan, but he ran over the officer’s foot when he was stopping. The significance was attempting to prove that he directly intended to harm the officer.
