Murder Flashcards
murder
What is the definition of murder as by Edward Coke?
The unlawful killing of a reasonable person [human being] in being under the kings peace with malice aforethought express or implied [intention to kill of cause GBH]
What is needed for murder in exam?
Actus rea of murder + relevant case law
Causation -both factual and legal + relevant case law
Mens rea of murder - difference between direct and indirect and meaning of oblique intention + relevant case law
Actus reus of murder?
- The defendant killed
- The killing was unlawful -no defence
- The killing was of a human being
- The killing took place under the kings peace
The defendant killed definition
The killing must be a voluntary positive act or an omission
The killing was unlawful killing definition
Unlikely there is no defence as there is no reason for the killing
The killing is of a human being definition
The killing is of an ‘existance independent of the mother’
Authority comes from A-G red No3 1994
Killing was under the kings peace definition
The killing is not murder is took place during the setting of war
R v Blackman
What are the 2 kinds of causation?
Factual causation
Legal causations
Factual causation
‘But for’ test - only guilty if the consequence would not have happened but for the defendants actions
Rv white
Rv Pagett
R v white case facts
Had poisoned milk every night
But for his actions would his mother have died? Yes as heart attack
Was convicted of attempted murder
R v Pagett
But for him using his pregnant girlfriend as a shield would she have died? No
So guilty of murder
Legal causation
First 2 issues to address
‘de minimus rule’ - R v Kimsey
The actions were substantial enough to have had the main cause of death
R v smith case facts
The stab would was the operating (main) cause of death so the conviction of murder was upheld
Novus Actus Interveniens (a new operating cause)
If there is a completely new cause of death then the liability may be waived
2 issues considered as intervening acts
Medical treatment
Victims own actions
Medical treatment/intervention
A medical treatment is most unlikely to break the chain of causation
It would have to be overwhelmingly palpably wrong
R v Jordan case facts
D stabbed v
Negligible medical work
Stab wound was healing at time of death
D not liable
R v Cheshire case details
D shot v
Negligible medical work
Was still a cause of death
D liable
Victims own actions as a novus Actus Interveniens
May break the chain of caution is so much unforeseen in a sense the victim was seen as ‘daft’ to do such action
R v Roberts case facts
D had made threats to rape and kill
V jumped out of car and died
Was foreseeable so D liable
R v Williams and Davis case facts
Made threats to steal
V jumped out of car
Not foreseeable action
D not liable for murder
What if victim fails to seek medical attention?
R v Deer
The wound is still the operating cause of death so D liable
What if life support is switched of is that an intervention
R v Malcherek
Not a NAI as the stab was the main cause of death
Thin skull rule
R v blaue
The defendant must take his victim as he finds them
Mens rea definition
Malice aforethought
2 kinds of malice aforethought
Express malice aforethought - intention to kill
Implied malice aforethought -intention to cause GBH
R v Vickers case facts
Had intent to cause GBH so even though not intended for murder still guilty
Types of intent
Direct intent
Indirect intent
The prosecution must show the defendant intended to kill the victim
Direct intent
There was an ‘aim or purpose’ and is ‘a decision to bring about the commission of the offence’
Indirect intent
What happened was not the aim of the action but was a foreseeable consequence
2 part test for indirect intent
- Was death or really serious injury a virtual certainty
- Did D appreciate that such was the case
Woollin case facts
Had thrown baby
Pt1 yes
Pt2 yes
So liable
R v Matthews and alleyne case facts
They pushed v into river
Pt1 yes
Pt2 yes
Transfered malice
The malice aforethought can be transferred from the intended victim to the actual victim
R v Mitchell case facts
The mens rea from V¹ got transferred to V²
