Murder Flashcards
What is murder
Where a person of sound memory and of the age of discretion unlawfully kills any reasonable being under the kings peace with malice aforethought
R v malcherek and steel
Accused seriously wounded the victim and the doctors turned the respirator off as had irreversible brain damage, his act caused the death
R v moloney
The mens rea of murder is the intention to kill or cause grievous bodily harm
Actus reas
The killing is unlawful, causation must be established and the victim must be a human being
Mens rea
Malice aforethought
R v vickers
If d intents gbh and v dies from injuries that is enough for murder
R v barrow
D set neighbours flat on fire and killed her and her children, murder as he watched them scream and didn’t help
Direct intent
What d desires
R v mohan
A decision to bring about, so far as it lies within the accused’s power, no matter whether the accused desired that consequence or not
indirect intent
Not necessarily desired but can foresee it will almost certainly happen
R v moloney
Drunken game led to death of stepfather- foresight is merely evidence from which intention can be found
R v nedrick
Nedricks test- needs to actually foresee not possibly foresee
R v mathew and alleyne
Having foresight does not mean automatically guilty just used as evidence
