Murder C5 Flashcards
Murder
‘the unlawful killing of a reasonable person in being and under the queens peace with malice aforethought, expressed or implied.’
R v Gibbins and Proctor 1918
father and of a 7 year old girl and his partner kept her separate from other kids and deliberately starved her, both convicted of murder. the omission or failure to feed her was deliberate with the intention of killing her or causing serious harm.
AR can be an act or omission.
R v Vickers 1957
D broke into cellar of sweet shop, the old lady owner came into cellar saw D, he hit her several times and kicked her in head, she died of her injuries. convicted of murder as when a defendant intends to inflict GBH and the V dies this is sufficient to imply malice aforethought. (MR)
R V Mathews and Alleyne 2003
the 2 defendants pushed V from a bridge over a deep river, both knew that V couldn’t swim. trial judge in summary to jury said foresight of virtual certainty of consequences was intention. D’s appealed, CofA accepted judge had gone to fare by saying it was intention but upheld the conviction.
R v Pagett 1983
Factual cause: Pagett used pregnant girlfriend as shield from police fire, she was shot by police in crossfire and D was convicted of manslaughter. ‘But For’ his actions the girl wouldn’t have died.
R v Kimsey 1996
Legal cause: D involved in high speed chase with a friend she lost control and other driver was killed. principle was that D’s driving didn’t have to be the principle or a substantial cause of the death as long as sure it was a cause and more than a slight link’
