Paper 1 B Fatal Offences Murder Flashcards
Murder definition
The unlawful killing of a human being under the queens peace with malice aforethought
Killing definition
Courts have adopted the medical definition (brain stem death) - Malcherek
unlawful killing definition
sometimes a defence can make it lawful or the medical withdrawal of treatment can be lawful - Airedale NHS Trust v Bland
Human being definition
unborn child is not human, it must take independent breath from its mother - AG’s Ref (No.3 of 1994) 1997
under the queens peace definition
killing at war is not murder, as long as standard rules of engagement are followed
Actus Reus for murder
the unlawful killing of a human being under the queens peace
Killing can be by act or omission [ Gibbins and Proctor] but it must cause the death of the victim
Murder is a ……. crime
murder is a result crime and this requires causation to be discussed
Causation has 2 elements
factual ( white) and legal
factual causation
but for test - white
legal causation
deminius principle
intervening acts
thin skull rule
De minimus principle
Must be more than a minimal contribution’- Pagett
‘More than a slight or trifling link’- Kimsey
intervening acts
acts of a third party
acts of the victim
acts of god
acts of a third party
Must render the Ds contribution insignificant
thoroughly bad does not break the chain as long as the original injury is operating Smith,
if the original injury is operating and substantial then it wont break the chain Cheshire,
palpably wrong treatment breaks causation Jordan,
life support case - Malcherek
acts of the victim
‘Daft and unexpected’
Roberts; Williams and Davis
acts of god
A natural but unpredictable event
Thin skull rule
D must take his Victim as he finds him- the whole man -Blaue
murder MR definition
malice aforethought
This is interpreted to mean an intention to kill or intention to cause grievous bodily harm
Is serious harm intention
defendant can be guilty of murder even if he only intended serious harm Vickers (1957)
Serious harm/GBH definition
It has been established that ‘serious harm’ is sufficient for grievous bodily harm Smith (1961); Saunders (1985)
Murder MR Satisfaction
Only satisfied by intention as it is a specific intent crime
direct or oblique intent
intention to cause GNH/Kill
direct intent
Direct intent is where the death or serious harm is the defendant’s aim or purpose (Mohan)
oblique intent
Oblique intent is where the defendant had a different aim or purpose, but will have foreseen the death or serious harm as a virtual certainty as a result of his actions (Nedrick; Woollin)
is foresight intention alone
Foresight of consequences is not intention, but it is strong evidence of intention.
Mattews and Alleyene
