Murder

• Actus Reus of Murder

  "Unlawful killing of a reasonable creature in being and under the Queen's Peace"
• Gibbons and Proctor (1918)


  D and his partner neglected his child - failure to act can lead to liability for murder
• Factual Cause


  But for test
• Legal Cause


  More than a minimal cause
• AG Ref (No.3 of 1994) (1997)


  Violence to a foetus that leads to harm when born could lead to liability
• Beckford (1988)


  The D made a genuine mistake about the facts of the situation - not guilty
• Mens Rea for Murder

  Express and Implied Malice Aforethought
• Express Malice Aforethought


  Direct or oblique intention to kill
• Implied Malice Aforethought


  Direct or oblique intention to cause GBH
• Cunningham


  The intent to cause GBH was sufficient mens rea for murder
• DPP v Smith


  GBH means really serious harm
• Woolin


  Although he intended one result (to stop the baby crying) the actual result (the baby dying) was a virtual certain result and the D was found guilty of murder