Murder - acts reus and mens rea

Question 1

What is Murder?

Answer 1

“The unlawful killing of a reasonable person in being under the Queen’s peace malice aforethought expressed or implied.”

Question 2

AR of Murder?

Answer 2

• Reasonable person in being must be “killed/dead”
• Can’t be a foetus/someone classed “brain dead”
• Has to be by a positive act or by omission to act were there is a duty to care
• Must be unlawful and therefore not including self defence or any other lawful reason

Question 3

Cases for AR of Murder

Answer 3

• A-G Ref no.3 1994
• Tony Bland
• R v Gibbins v Proctor

Question 4

MR of Murder?

Answer 4

• Direct or indirect intention

- Intention must be either for murder or GBH.

Question 5

What is direct intention?

Answer 5

“decision to bring about the consequences”

Question 6

What is indirect intention?

Answer 6

Outcome is a “virtually certain” consequence, even though unintended.

Question 7

Cases for MR of Murder

Answer 7

• R v Mohan
• R v Woolin
• R v Vickers

Question 8

Two types of causation

Answer 8

• Factual causation

- Legal causation

Question 9

Factual causation and Legal causation

Answer 9

F= proven using the (“But for”) test: “but for” the defendant’s act, would be V have died?

L=break in the chain of causation. This occurs if there is “palpably wrong” medical treatment or if the victim’s own act is classed as “daft”

Question 10

When is the chain of causation unbroken?

Answer 10

If the “thin skull rule” applies. This is where a pre existing condition made the final outcome worse.

Question 11

Causation cases

Answer 11

• R v Pagett
• R v Jordan
• R v Williams
• R v Blaue