Murder Flashcards
What is the definition of Murder?
Defined by Lord Coke as the ‘unlawful killing of a human being, under the King’s peace, with malice aforethought express or implied’.
What does ‘unlawful’ mean?
This means it is not in an act of self-defence. (Beckford police thought he was going to be shot at first).
What is meant by a human being?
The v must be a person - must not be a foetus still in its mother’s womb or medically brain dead.
What happened in the case of Malcherek and Steel?
Husband stabbed his wife and she was pronounced brain dead two days later but not at the time of the stabbing - husband was guilty.
What does the King’s peace mean?
Must be a killing that is not during war time.
What is factual causation?
‘But for’ test - R v Pagett
What is legal causation?
De minimus principle - D must be more than minimal/ trivial contribution to the V death. (R v Kimsey)
What does Novus Actus Interveniens mean?
-Act of a V; ‘daft or unexpected’ act was unreasonable, D will not be responsible for any unforeseeable act (R v Roberts).
-Act of a third party; the act must have rendered D’s original act so that it is no longer operating - so independent (R v Cheshire)
-Medical negligence; where the act is palpably wrong (Jordon)
-Act of Nature - freak nature that may break the chain of causation.
What is the Think Skull Rule?
The D must take the V as they come - disregard any underlying issues. (R v Blaue).
What is Malice Aforethought?
Defined as intention to kill or cause serious harm.
What is Express Malice?
Intention to kill.
What is Implied Malice?
direct or indirect intention to cause grevious bodily harm - DPP V Smith (police officer killed)
What is direct intention?
The D must have ‘aim, desire, and purpose’ to kill or cause serious harm R v Mohan (Told to stop his car by police - no intention).
What is indirect intention?
Death is a virtually certain consequence of the D’s action and D was aware but still continued anyways (R v Woollin) - threw 3 month old baby to the floor - virtually certain.
