Murder Flashcards
True or False murder is a common law crime?
True
State a brief introduction to homicide
Homicide is the term that describes the unlawful killing of a human being. There are different types depending on the mens rea of the D and whether special partial defences are available- murder, Voluntary manslaughter or involuntary manslaughter.
Is murder a specific intent or basic intent crime?
Specific Intent
#1 and #2
Who came up with the definition of murder and when?
Lord Coke
1628
State the definition of murder
“the unlawful killing of a human being under the King’s Peace with malice aforethought express or implied”
The Actus Reus of unlawful killings can either be an act or in some cases an omission. State a case example of an omission.
R v Gibbins and Proctor
How is criminal causation established?
1) Factual Causation “But for” test
2) Legal Causation “de Minimis” (how much of a cause)
What case supports the fact that the act or omission by the D must be more of a minimal cause however does not need to be the sole or main cause of death?
R v Kimsey
V and D were driving very fast in separate cars and V crashed. D was found guilty of death by dangerous driving as D was considered “a more than slight or trifling link”
Death from normal medical treatment employed to deal with an injury will be regarded as being caused by the original criminal injury except in extraordinary cases such as ….
R v Jordon
V was stabbed by D and was seeking medical attention where V was given antibiotics however was found to be allergic to them. The following day a doctor gave a large amount of the same antibiotics and V died. This was considered an intervening act therefore Ds conviction of murder quashed.
When can a killing be lawful?
When it was done in self defence/ defence of another and reasonable force was used
State a case where killing a person was deemed “lawful”
Re A (Conjoined twins)
If the twins were not separated then both would die. If separated one would live a normal life however the other would die. The court of appeal deemed the operation to separate would be lawful with the main reason being the defence of necessity justifying the separation.
In terms of a “reasonable creature in being” what is the legal status of a foetus?
In legal status
A homicide offence cannot be charged in respect of killing a foetus.
When does a foetus gain legal status?
when there is an “existence independent of the mother”
What happened in Attorney- General’s Reference (1997)?
D stabbed his pregnant girlfriend and she gave birth prematurely. The baby was born alive but died 4 months later due to complications. The D could not be charged with murder and was acquitted as the foetus at the time of the stabbing was not a “reasonable creature in being” . The AG referred this point of law to be reviewed. The HL deemed that violence towards a foetus which results in harm suffered after the baby has been born alive can give rise to criminal responsibility. Therefore D could have been convicted of UDA manslaughter.
Under what article has the ECtHR left the right of defining the legal status of a foetus to individual countries under the margin of appreciation?
Under Article 2 ECHR (right to life)
In terms of a “reasonable creature in being” what is the law’s opinion on brain dead patients?
Doctors are allowed to switch of life support machines without being liable for homicide as brain death is the accepted test for legal death. e.g Bland (Hillsborough Disaster left in a vegetive state)
What happened in Malcherek; Steel?
(Separate cases however appealing the same) Both D’s injured V which caused both V’s to have to go on life. Both Ds argued that switching of life support broke the chain of causation. D’s lost their appeal.
What happened in Inglis?
D was charged with murder of her son by injecting him with a fatal overdose of heroin. At the time, V had suffered a serious head injury and had been in a coma since and received multiply operations. D found this extremely depressing and became obsessed with the notion she had to kill V. She argued that V was so severely disabled that he was no longer a “human being”. Court of appeal rejected this as he was still a person in being, therefore his life could not be lawfully extinguished.
What was the year and a day rule?
For deaths occurring before the 7th June 1996, there was a requirement that death occurred within a year and a day.
What act abolished the year and a day rule?
Law Reform (Year and a Day Rule) Act 1996
What happened in Clark?
V was left with a catastrophic brain injury after an unprovoked attack. V died 16 months later. D was convicted of S.20 OAPA 1861, sentenced to 2 years imprisonment. D could not be prosecuted for a homicide offence due to the year and a day rule.
what must happen if the injury alleged to cause the death was sustained more than 3 years before the death occurred.
Attorney-Generals consent
What happened in Clift?
D stabbed Victim in the head with a screw driver, caused severe brain injury which left the Victim in a vegetative state. D was convicted of s.18 GHB with intent sentenced to 10 years. 7 years after the attack the victim died. D was convicted of Vs murder.
What happened in Craig ?
D re-enacted a torture scene and poured petrol over his ex-partner and set her alight. V was left severely disfigured. D was convicted of s.18 GBH however 21 years later the Victim died relating to her injuries. D was then convicted of murder.
