Murder (paper 1) Flashcards
Source/Definition
Common law offence
Lord Coke in 1997 case
‘Unlawful killing of another human being , in times of peace with malice aforethought, expressed or implied’
Actus Reus (1)
Must be a killing at the point of brainstem death
Malcherek and steele - when life support is switched off
Actus Reus (2)
Killing can be a positive act/omission
gibbons + proctor (special relation, Nelly)
AR (3)
Killing must be a human being
Killing Feotus is a different crime
Poultin and Enoch - (must be fully expelled)
AG ref - (died after birth - murder)
Actus Reus (4)
Killing must be unlawful
Can use self-defence for murder
Mercy killing + euthanasia is still murder
beckford - self -defence
Cox/Adams - (doctors) not guilty of murder if main aim was to stop suffering + not to speed up death by increasing morphine.
Actus Reus (5)
Killing in times of peace is murder
Includes military personelle
Clegg , Blackman
Actus Reus (6)
Murder must take place in realm of English legal system
Plus British troops serving overseas
Actus Reus (7)
Causation - result/consequence crime so causation must be satisfied
Factual causation - must be proved by but for test
Legal causation - (I) more than minimal cause (II) unbroken chain (3rd party, victim, act of god)
Thin skull rule (leave victim as you find them)
Men’s Rea (1)
Malice aforethought - MR is only intention
Doesn’t require lengthy pre - meditation
Men’s Rea (2)
Intention is not a motive, the motive is not considered
Steane - tells us motive is not considered
Men’s Rea (3)
Expressed malice = D has intention to kill
Implied malice = D had direct/oblique intention to cause GBH causing serious injury and v to die
Vicker - MR for murder can be implied malice
Men’s Rea (4)
Can be direct intention (Mohan) to kill or cause GBH
Can also be Oblique intention (Woolin test - death or serious injury a virtually certain consequence + therefore have seen risk)
Outcome
Mandatory life sentence
