MURDER Flashcards
def, AR, MR
Murder
Definition:
E. Coke
- man oof sound mind and age of discretion
- unlawfully kills
- a person
- under king’s peace (jurisdiction)
- with intention (express or implied)
- to wound, hurt, kill
AR:
-Unlawfully cause the death
- of a person in being
- under the King’s peace
MR:
- with intention to kill or,
- intention to cause GBH
‘man of sound memory’
- not insnane w/in M’naughton rules
- age of discretion (over 10)
- murder cannot be committed by corp or org.
‘unlawful’
not prescribed in law
- not justified excuse (self defence)
- consent of V is not a defence (Inglis 2010)
what do you have to prove
FACTUAL CAUSATION
-Prosecution must show causal link (Gibbins and Proctor 1918)
- must be substantial cause of death - any conduct that causes or hastens death (R v Dyson)
- more than minimally negligable
LEGAL CAUSATION
- check for novus actus interveniens (free, deliberate, informed) (Pagget 1983)
- to break chain, the intervening act must become sole cause of V’s death - not only free deliberate and informed.
Accelerating Death
Bland - doctor may lawfully administer drugs, despite knowing that an incidental effect will shorten lifespan.
- ending life support for brain dead = not murder
- however vegetative state is still person in being (unless large authority authorises death (AUTHORITY)
who considered person in being, what offence for death of non person
‘Person in Being’
- must be fully born (outside mother)
- capable of independent existence
- A-G ref (no 3 of 1994) - if baby is killed, cannot transfer malice - offence of child distruction/procuring miscarriage (not murder)
under kings peace
- excludes killing in times of war
- murder/manslaughter committed anywhere by briish citizen is triable in UK (S9 OAPA 1861)
Law Reform (year and a day rule) Act 1996
-A-G consent is required if death happens more than 3 years after offence, or D already prosecutred for non-fatal offence.
MURDER TEST:
WHO IS DEAD:
- must be fully born (outside mother)
- capable of independent existence
- A-G ref (no 3 of 1994) - if baby is killed, cannot transfer malice - offence of child distruction/procuring miscarriage (not murder)
WHAT HAPPENED:
AR:
in fact:
- BUT-FOR: Prosecution must show causal link (Gibbins and Proctor 1918)
- must be substantial cause of death - any conduct that causes or hastens death (R v Dyson)
- more than minimally negligable
in law:
- check for novus actus interveniens (free, deliberate, informed) (Pagget 1983)
- to break chain, the intervening act must become sole cause of V’s death - not only free deliberate and informed.
MR:
- must be voluntary
- must have intent to kill or cause GBH (Cunningham 1982)
CAN EITHER BE:
direct intent: Hyam - inseparable consequences of end (D shoots V to kill V) as well as means (D shoots V to get inheritance)
OR
indirect intent: (reckless)
Woollin 1999 - jury not entitled to find intention unless:
- certain that death or GBH was virtual certainty
- D appreciated that such was the case
Proof of Intent:
- **CJA 1967 s 8 **- jury decides wheter D intended or forseaw that result (death) by reference to the evidence
THEN CHECK FOR DEFENCES:
- insanity (automatism)
- self defence
-
principle, types, authorities
types of AR (concurrence requirement)
principle: intent and act must both concur to constitute a crime - Fowler v Padget
Types of AR:
fresh act (no authority)
continuing act (Fagan)
- Le Brun says continuing act must be same type of ‘bad’ action.
omission/duty (Miller)
Merger/single-transaction doctrine (Thabo Meli)
transferred MR/malice
MR must be for same offence
- eg: D intends to kill A but kills B, transfer of MR for murder suffices
- eg: general malice to kill anyone suffices if killing either A or B for murder.
- eg: D fires at window with intent to cause criminal damage, but kill V - cannot transfer from property to person (although in the Criminal Damage Act S 1(2)? aggravated criminal damage might suffice- but wont be murder…)
