Murder Flashcards
What is the definition of murder?
The unlawful killing of another human being within the Queens peace.
Common law offence
The Actus Reus of murder
An unlawful act in fact and in law
Actus Reus - Name a case where there was evidence of factual causation of death
White [1910]
Poison was not cause of death
Heart attack would have happened in any event
Charged with attempted murder
Actus Reus - Name a case where there was evidence of legal causation of death
Cheshire [1991]
D shot victim and was admitted to hospital
If D’s conduct was a significant to death then jury can convict.
V would not have been in hospital ‘but for’ D’s actions
Actus Reus - Explain case of Pagett [1983]
V shot by police when D used her as a human shield
Third party act did dot break chain of causation
They would not have shot at D ‘but for’ his actions
Actus Reus - Name cases which set out the rule ‘thin skull rule’
Take your victim as you find them
Blaue [1976] Religious belief will not break chain of causation
Pre existing condition will not absolve D of liability
The Mens Rea of Murder
AKA Malice aforethought
Did D intend death or GBH of V?
Look at evidence to determine what D was thinking at time of the act
Mens Rea - 2 types of intention
Direct
Indirect/Oblique
Mens Rea - name of case of direct intention
Mohan [1976]
Defines Direct Intention
D desires to bring about the consequences of his actions
Mens Rea - Which case approved Mohan [1976]
Gillick [1986]
Mens Rea - Leading case of Indirect Intention
Woolin [1998]
Serious bodily harm was a virtually certain consequence of D’s voluntary act and D appreciated that fact.
Was the result D’s purpose?
Appeal - manslaughter
Mens Rea - Preceeding case to Woolin [1998]
Nedrick [1986]
Direct jury to not infer the necessary intention unless death or serious bodily harm was virtually certain as a result of D’s actions
Two Compassion Cases
Inglis [2011]
Nicklinson [2012]
No special defence for compassion.
Mercy killings are murder
