Murder Flashcards
What is the definition of murder
An unlawful killing of a human being in the Queen’s peace, with malice aforethought, express or implied
Causation
The defendant must have cause the death of the victim in fact
R v Malcherek & Steel
A person ceases to be a human being when their brain stem ceases to be active ( life support)
But for test
The victim must be dead but for the defendants actions
De minimus rule
Was the defendants actions more than insignificant, minute or trifling
Operating and substantial cause
Was the injury the operating and substantial cause
Thin skull test
The defendant must take the victim as they find them
Novus Actus Intervieniens
If something foreseeable happens then it breaks the chain of causation
DPP v Smith
A police man tried to stop a suspect by diving on the bonnet of the car. The officer was killed and the suspect was charged with murder
Direct Intention
The defendant actually wants the death of the victim to occur
Indirect Intention
The defendant foresaw the consequences, though did not want the circumstances to happen
R v Hancock & Shankland
The greater the consequences, the more likely the consequences were foreseean
Miners threw lumps of concrete off a bride onto a taxi driver which killed him
Hyam v DPP
Where there is foresight there will always be intention
Woman attempted to kill husbands lover but killed her daughter’s instead
R v Nedrick
Intention is where harm is a virtual certainty of the defendants actions
Man killed child in house fire whilst attempting to kill the mother
R v Woolin
The defendant threw his baby against a hard surface which killed the baby
R v Matthews & Alleyne
The defendants knew the victim into a river when they knew he couldn’t swim , the victim drowned
Year and a day rule
act or omission is conclusively presumed not to have caused a persons death and or suicide
Criticisms of law on murder
- no clear definition of intention
- cases of euthanasia
- no precise definition of when death occurs
Three tiers of murder
First degree - intention to kill
Second degree - intention to cause serious injury
Manslaughter - mens rea of gross negligence
R v White
The defendant attempted to kill his mother with poison but she died of a heart attack instead
R v Pagett
Defendant used a pregnant woman as a human shield during a police shooting and she was killed
R v Smith
Soldier stabbed his colleague during a fight, the soldier was killed after being dropped on the way to medical which actually killed him
R v Roberts
Woman jumped out of a moving car to escape the defendant
