Murder Flashcards
Name the four component parts to the actus reus of murder.
1) the defendant killed
2) a reasonable creature
3) under the Queen’s Peace and
4) the killing was unlawful
What case is an example of an omission constituting a conviction of murder?
Give brief facts
R v Gibbins and Proctor (1918)
Facts: mother failed to feed child
What is meant by a reasonable creature in being?
It must be a human being that is killed.
What two areas cause issues with the definition of ‘reasonable creature in being’?
A) Foetus in a womb (AG ref no 3 of 1994)
B) V still ‘alive’ if braindead? (R v Malcherek 1981)
What case is an example of the issues surrounding brain death and how it relates to ‘murder’?
Give brief facts.
R v Malcherek (1981)
Facts: Was found that doctors can terminate medical treatment and not be charged with murder if in interest of patient.
What is the leading case regarding the status of a foetus in a womb and how it relates to ‘murder’?
Give brief facts.
AG ref no 3 (1994)
Facts: D assaulted girlfriend who was pregnant. Child died after early birth. D not guilty of murdering foetus.
What act abolished the ‘year and a day rule’?
Law Reform (Year and a Day Rule) Act 1996
After what time period does a prosecution of murder need consent after a victim has died long after a fatal act and by whom?
3 years.
The Attorney General
What two part defences were created by the Coroners and Justice Act 2009?
1) loss of control
2) diminished responsibility
What conviction might a D face if they successfully argue part defence of loss of control or diminished responsibility?
Voluntary manslaughter
What act created the part defences of 1) loss of control 2) diminished responsibility?
Coroners and Justice Act (2009)
What is the mens rea of murder?
Kill with intent to kill or intent to commit GBH
What 2 cases support the principle that the D doesn’t necessarily have to intend to kill to be guilty of murder?
Give brief facts.
R v Vickers (1957)
Facts: D hit old lady several times with fists and kicked once in head. D convicted of murder.
R v Cunningham (1981)
Facts: D attacked V in pub with a chair and V died. D intended GBH-found guilty of murder.
What principle does the case of R v Vickers (1957) support and what are the brief facts?
Principle: D doesn’t have to intend to kill for a conviction of murder.
Facts: D kicked and punched old lady who died of her injuries. D convicted of murder.
What principle does the case of R v Cunningham (1981) support and what are the brief facts?
Principle: D doesn’t have to intend to kill for a conviction of murder.
Facts: D attacked V in pub with a chair and V died. D intended GBH-found guilty of murder.
What is meant by direct intent?
Where the D intends the result.
What is meant by oblique or indirect intent?
Where the D aim was not to bring about the result.
What two cases support the mens rea for murder?
R v Nedrick (1986)-paraffin in letterbox
R v Woollin (1998)-Throwing baby into cot
What principle does the case of R v Nedrick (1986) support?
Give brief facts.
Principle: Foresight of consequence is only evidence of intention, not intention itself.
Facts: D pours paraffin through letterbox and lights to scare woman. Unintentionally kills baby-convicted of manslaughter.
What principle does the case of R v Woollin (1998) support?
Give brief facts.
Principle: Foresight of consequence is only evidence of intention, not intention itself.
Facts: D throws baby into cot but baby hits wall instead and dies. Convicted of manslaughter.
What is the case for transferred malice?
Give brief facts
Latimer (1886)
Facts: D intended injury on person A but unintentionally injured person B. D convicted of same offence.
What principle does the case of Latimer (1886) support?
Transferred malice.
AG ref no 3 (1994)
Principle: foetus in a womb is not a separate living being.
Facts: D assaulted girlfriend who was pregnant. Child died after early birth. D not guilty of murdering foetus.
R v Malcherek (1981)
Principle: Doctors can legally switch off life support machines.
Facts: Was found that doctors can terminate medical treatment and not be charged with murder if in interest of patient.
An example of a judge disagreeing with the mens rea of murder?
Which case?
Lord Davies
R v Cunningham (1981)-Pub chair killer
What case did Lord Davies obiter about murder?
R v Cunningham (1981)
Facts: Guy kills someone with pub chair only intending GBH-guilty of murder.
