murder cases

Question 1

R v Malcereck & Steel (1981)

Answer 1

facts:
- 2 defendants tried to appeal convictions for murder on basis that V’s had had their life support machines turned off.
- Appeals unsuccessful so conviction upheld.

significance:
- if someone is on a life support machine they are possibly not a reasonable creature in being capable of being murdered

Question 2

AG ref (no 3 of 1994) 1997

Answer 2

facts:
- D stabbed pregnant girlfriend in stomach and baby died

Significance:
- a foetus is not reasonable creature in being for purposes of murder

Question 3

R v Williams (Gladstone) 1983

Answer 3

facts:
- D attacked V who he thought was attacking a youth, V was in fact arresting the youth for mugging.

significance:
- A D will be judged on the facts as he genuinely believed them to be

Question 4

R v Vickers (1957)

Answer 4

facts:
- D attacked and repeatedly beat V who was the owner of a sweet shop

significance:
- the intention to cause GBH is sufficient MR for murder (implied intention)

Question 5

R v Cunningham (1981)

Answer 5

facts:
- D repeatedly hit V over the head with a still/chair in a pub

significance:
- confirmed the decision in Vickers that intention to cause GBH is sufficient fort murder

Question 6

R v Gibbons and Proctor (1918)

Answer 6

facts:
- D’s failed to feed 7yr old daughter and she died

significance:
- The AR of murder can be an omission (parental duty) as well as an act

Question 7

R v Martin (2002)

Answer 7

facts:
- D shot 2 intruders in the back as they were leaving

significance:
- self defence has to be in reason and proportion to the threat