murder Flashcards
murder
common law offence; carries mandatory life sentence
Murder is the unlawful killing of a human being under the King’s peace, with an intention to kill or cause grievously bodily harm.
who can kill
“A man of sound memory and of the age of discretion”
Any natural person (male, female and other genders).
Of the age of criminal responsibility (in England & Wales, 10 years old).
actus reus of murder
- (killing took place under the King’s peace)
- (victim must be a human being)
Result element - NO NEED FOR CONDUCT ELEMENT - only has to cause death
- acceleration of death is also criminally liable
mens rea of murder
The mens rea of murder requires an intention to kill or to cause grievous bodily harm.
R v Cunningham[1982] AC 566
Classic examples of GBH include broken bones or limbs, permanent disfigurement, fractured skull and serious psychiatric injury.
- direct or oblique
direct intention n
*D had direct intention if it was D’s purpose/aim to bring about the prohibited result.
*R v Moloney [1985] AC 905 - drunkenly seeing who could unload a gun the fastest- was prompted to shoot the gun by the victim - who was shot - no direct intention to kill the victim
Distinguishing direct intention from motive/desire
It is possible to intend a result without wanting it to happen
oblique intention
The jury is entitled (but not obliged) to find intention if :
A. the result was a virtually certain consequence of the defendant’s conduct and;
This is an objective test. It asks if, as a matter of fact, the result was a virtually certain consequence of what D did.
B. the defendant foresaw that it was a virtually certain consequence of his conduct.
This is a subjective test, which looks into the mind of the defendant.
In the majority of cases, where it was in fact virtually certain that V would die, D would have realised it as such too
oblique intention case
R v Woollin [1999] 1 AC 82 - the law now
according to ruling - the jury is entitled to find intention but are not obliged even if the 2 conditions are met
held son agaisnt a surface as he lost his tempter - baby died - charged with murder - did woolin have intention to kill or cause GBH (mens rea) - found that he had no intention to kill or cause GBH - was not purpose or aim - only option left was oblique intention to cause GBH - substantial risk to cause GBH
appeal was dismissed - house of lords argued that it was wrong to apply a substantial risk test - and should have been a rule of evidence - 2 conditions were satisfied
