Murder (Ao1) Flashcards
What is the definition of Murder by Sir Edward Coke?
“The unlawful killing of a reasonable creature in being under the Queen’s Peace with malice aforethought, either express or implied”
What is the AO1 plan split into?
-Intro
-Actus Reus
-Causation
-Mens rea
What do you write for AO1 Intro section?
-State murder is a common law offence, defined by Sir Edward Coke (definition)
-State that it carries mandatory life sentence
What do you write for AO1 Actus Reus section?
-It must be unlawful killing under Queen’s Peace - No lawful reason to justify killing, e.g. not in self-defence or during a time of war (Beckford)
-Must be a human being - Life considered as beginning once foetus takes independent breath, (AG Ref no.3 of 1994) Life can be classed as ended once brain death proven, life support lawful
-Can be committed through an act or an omission (Gibbins and Proctor)
What do you write for the Causation section AO1?
-Factual causation - “but for” test - (White)
-Legal causation - More than minimal cause of death or substantial cause of death (Kimsey)
-Thin Skull Rule - D must take V as he finds them
-No intervening act - act of third party (Rafferty) medical treatment (Jordan) V actions/ self neglect (Blaue)
What do you write for Mens Rea section Ao1?
-Direct intent - 100% aim and desire to kill/cause GBH (Mohan)
-Oblique intent - Foresight of consequences test, can be guilty if VIRTUALLY CERTAIN that death or GBH would occur as a result of your actions (Nedrick, Woollin)
-Intent to cause GBH is also enough (Cunningham, Vickers)
-Transferred Malice - D’s intent to kill/cause GBH can transfer from intended V to actual (Saunders)
What is the principle for Beckford?
The D appealed his murder conviction which was quashed as the D made a genuine mistake about the facts
What is the principle for AG Ref (No.3 of 1994)?
HofL said in an obiter dicta statement that violence to a foetus which leads to harm once born could lead to liability
What is the principle of Gibbins and Proctor?
Where there is a duty to act, a failure to do so could to liability for murder if necessary mens rea was present
What is the principle for Woollin?
The D was found guilty of murder as although he intended 1 result, and the actual one was different, the actual result was a virtual certain result
What is the principle for Cunningham?
The HofL dismissed the D’s appeal and held that it was firmly established that an intent to cause GBH was sufficient mens rea for murder
What is the principle for DPP V Smith 1961?
HofL decided that GBH meant really serious harm
