Murder Flashcards
Definition of murder
When a man of sound memory, at the age of discretion unlawfully killeth with malice aforethought
- Lord Coke
Actus reus for Murder
- Unlawful
- Killing
- Voluntary Act
- Causes Victims death
- Human Independent of mother
Mens Rea for Murder
- Malice aforethought
- Express Malice
- Implied Malice
(AR) Unlawful
Must not be in self-defence, otherwise the killing would be deemed lawful.
(AR) Killing
A death must occur.
R v Malcherek and Steel [1981]
(AR) Voluntary Act
Act carried out by Ds own volition.
Hill and Baxter [1958]
(AR) Causes Vs death
Factual causation
R v White - ‘But for’
Legal causation
R v Blaue ‘Thin skull’
Human independent of Mother
Poulton [1832]
What abolished the ‘Year and a day’ rule?
Law Reform Act 1996
(MR) Express malice
Intention to kill
(MR) Implied malice
Intention to cause GBH
(MR) Malice aforethought
Intention to kill or cause GBH
Direct Intention
Principle aim
Oblique Intention
Accidental/unintended outcome
Woolin
Sentence for Murder?
Mandatory life sentence
Factual Causation
R v White ‘but for’
Dude poisons mother but she dies due to heart attack.
Asks whether the death would have occurred BUT FOR the defendant’s actions.
Legal Causation
R v Blaue
Girl gets shot and refuses blood transfusion. Defendant argues that her refusal was a novus actus interveniens .
It was held that the wound was still an operating cause of death.
R v Malcherek and Steel
The switching off of life support does not constitute a novus actus interveniens. Docs could not be direct cause of death.
