Murder Flashcards
Definition
the unlawful killing of a reasonable person in being under the king/queen’s peace with malice aforethought, express or implied
Actus Reus
the unlawful killing of a reasonable person in being under the King’s peace
Mens Rea
malice aforethough, intention to kill and cause gbh
Reasonable person in being (AR)
- means human being
- means that for a murder to be committed, a person must have died
Reasonable person in being (AR)
Malcherek (1981)
d stabbed his wife, carried out tests for brain death, switched off life support machine = no break in chain of causation, d was cause of death = liable for muder
Reasonable person in being (AR)
Attorney - General’s Reference
d stabbed his gf (23 weeks pregnant), foetus was not ‘a reasonable creature in being’
Reasonable person in being (AR)
R v Bland (1993)
ruled that doctors could withdraw treatment
King’s peace (AR)
killing of an enemy in war is not murder
Unlawful (AR)
killing must be unlawful
seld-defence = not unlawful
R v Vickers (1957)
(MR)
broke into a premises to steal money, attacked v, died from injuries
established = intention of gbh and to cause = v died as a result
R v Cunningham (1987)
(MR)
d attacked v wrongly, v suffered fractured skull and died, jury convicted d of murder having found that he intended really serious harm
Factual Causation
‘but for’ test
but for the d’s actions, would the v have died?
R v Pagett = him using his gf as a shield caused death, the girl would not have died ‘but for’ him using her as a shield
Legal Causation
were d’s actions the operating and substantial cause of death? ‘more than minimal’
R v Kimsey = d’s driving did not have to be a substantial cause, more than slight or trifling link and death was caused by dangerous driving
Two ways in which
the chain of causation can be broken
- Victim’s own act (R v Roberts) = where the victim’s actions were a natural result of the defendant’s actions it matters not whether the defendant could foresee the result. Only where the victim’s actions were so daft or unexpected that no reasonable man could have expected it would there be a break in the chain of causation. didn’t break
- Medical negligence (R v Jordan) = chain of causation was broken because the v died of medical treatment and not the wound
R v Ahluwalia
appealant dropped caustic soda on her sleeping husband and then set fire to him, died 6 days later from injuried, on the night of the killing husand had threatended to hit her with an iron, admittted killing, raised defence of provaction = unsuccessful, convicted of murder
