Murder and Intention

Question 1

What is the actus reus required for murder under common law?

Answer 1

The unlawful killing of a human being under the King’s peace.

Question 2

What constitutes an “unlawful killing” in the context of murder?

Answer 2

Any unlawful act or culpable omission without defence such as self-defence.

Question 3

Name cases illustrating “unlawful killing.”
(2 notable cases)

Answer 3

R v Gibbins & Proctor [1919], Airdale NHS Trust v Bland [1993]

Question 4

What principle does causation follow in murder cases?

Answer 4

-Legal causation: the defendant’s act must be an operative and substantial cause of the consequence. His act need not be the sole cause, but must make a significant and not trivial (de minimis non curat lex) contribution to the result.
-+
Factual “but for” test.

Question 5

Has the “year and a day” rule for death occurrence been abolished?

Answer 5

Yes, abolished by the Law Reform (Year and a Day Rule) Act 1996.

Question 6

What is the mens rea required for murder?

Answer 6

Traditionally called ‘malice aforethought’, with intent to kill or cause grievous bodily harm.

Question 7

What legislation and cases are essential for understanding the mens rea of murder?
(3 cases)

Answer 7

S.1 Homicide Act 1957, R v Vickers [1957], DPP v Smith [1961], R v Powell [1999]

Question 8

What is the “Golden Rule” regarding intention in murder cases?

Answer 8

The determination of intention. (R v Moloney [1985])

Question 9

How are direct and indirect (oblique) intent differentiated in murder cases?

Answer 9

Direct intent involves actions where the outcome is the person’s goal. Indirect intent involves outcomes not as the primary goal but foreseen as virtually certain.

Question 10

What is the difference between motive and intention in the context of murder?

Answer 10

Motive is the reason for acting, whereas intention is the aim or purpose behind the action. (R v Moloney [1985])

Question 11

What is “transferred malice” in murder cases?

Answer 11

When the intent to harm one individual inadvertently causes harm to another. (R v Latimer [1886], AG’s Reference (No. 3 of 1994) [1998])

Question 12

What is considered essential reading for understanding murder labelling under common law?

Answer 12

J Chalmers and F Leverick, ‘Fair Labelling in Criminal Law’ (2008)

Question 13

What other theorists have discussed a deeper understanding of the mens rea in murder.

Answer 13

Robert Goff, ‘The Mental Element in the Crime of Murder’ (1988), Antje Pedain, ‘Intention and the terrorist example’ [2003]