murder Flashcards
define murder
the unlawful killing of a human being with malice aforethought which results in death
AR of murder
the ‘unlawful killing of a human being’
Ds conduct must cause death
what are the 5 components of AR
- unlawful
- killing
- causing
- death
- human being
can a killing be lawful
give exception
- is possible for a killing to be lawful if its legally justified
-self defence makes an act lawful
Clegg
stolen car speeding, soldier fired gun after it had passed as a self defence
GUILTY
POL- no self-defence bc car already passed
define killing
- act/ omission causing death
gibbons & proctor
starved a child to death
GUILTY
POL- unlawful killing causing death
define human being
born, alive, breathing through its own lungs
what are the standards regarding a foetus
inc exception
-foetus = not a living being
-killing foetus is not murder
-if a foetus is injured and is born but dies shortly after due to injury then the AR exists for murder/ manslaughter
west
D stabbed gf in stomach knowing pregnant , baby born then died
GUILTY
POL- AR exists for murder
what is included within the death element
inc definition of it
‘brain stem death’
-person on life support looses all brain function including the ability to breathe and be conscious
malchrek and steel
Drs said there was no activity in the brain stem so turned the life support machine off
NOT GUILTY
POL- can turn brain support off if V deemed brain dead
what rules apply to murder when looking at death and why
causation rules
-D act/ omission must CAUSE death
what’s the MR of murder
unlawful killing with malice aforethought
-intention to kill (expressed malice) to an intent to cause GBH (implied malice)
expressed malice
intent to kill
implied malice
intent to cause GBH
what can intent be
explain
direct - Ds decision to cause serious injury, ie. premeditates/ aim
indirect (oblique) - D did not intend kill/ serious harm
what is D measured against if intent is oblique
oblique = indirect
- is measured by foresight of consequences, was death virtually certain
Moloney
apply oblique intent rule
in a drunken game, D(soldier) w/o aiming shot his step dad
POL- did D forseenend result was a consequence of his actions
vickers
D bike into sweetshop, knew old lady was deaf, V saw D and D hit V , several blows to head, V died
GUILTY
POL- implied malice, V intended to cause GBH
Matthews and alleyne
D threw V off bridge onto a river after he told them he couldn’t swim, V drowned
GUILTY
POL- oblique intent - virtually certain some harm would occur
Nedrick
D poured petrol into a woman’s letter box that she didn’t like, exploded, child died
GUILTY
POL- virtually certain some harm therefore intent
woollin
D threw his 3 month old baby at a pram, baby died, D said didn’t think it would kill him
MANSLAUGHTER NOT MURDER
POL- couldn’t force death as a consequence
