Murder - Actus Reus Cases

Question 1

Attorney-General’s Reference (No.3 of 1994) [1996] HL

Answer 1

Murder – actus reus - transferred malice etcD stabbed child’s mother whilst pregnant. Child lived for only 121 days. Her premature birth was caused by the injuries that her mother received when the defendant stabbed her. On his own admission D intended to cause the woman grievous bodily harm. So the mens rea for murder was present, if the death of the mother had been the result of his act:

Held: Where a child is born alive, and dies later from injuries inflicted while in utero. - Murder – No/Manslaughter - Yes.
If the child dies because of injury to the mother rather than injury to the foetus
Murder – No/Manslaughter – No

D could be guilty of manslaughter, but not murder (no intent towards the child).

Question 2

R v Malcherek & Steel, [1981] CA

Answer 2

Murder – actus reus -cause of death must be operating and substantial

D stabbed his wife who was taken to hospital and put on a life support machine. She suffered two heart failures and after ten days had irretrievable brain damage. The doctors switched off the machine.

Held: The doctors’ decision did not break the chain of causation; D’s act could be regarded as the cause of V’s death.

Guilty murder