murder

• define

  the unlawful killing of a human being in the kings peace, with malice aforethought, express or implied
• why is causation important with murder?

  it is a result crime - it has to be proved that D caused the death of the victim in fact and law
• actus reus - 1. a human being is dead


  foetus isnt classed as a human being and so a person who kills a foetus cannot be charged with murder - A-G ref (No.3) 1994

  a person ceases to be a human being when their brain stem ceases to be active, irrespective of whether they are being kept alive by artificial means - R v Malcherek and Steel 1981
• actus reus - 2. defendant caused the death in fact

  factual causation

  a - but for test - r v white 1910

  b - de minimis rule - was D's action insignificant? - r v pagett 1983
• actus reus - 3. defendant caused the death in law

  legal causation

  a - was the injury the operating and substantial cause of death? r v smith or r v jordan

  b - thin skull rule - r v blaue 1975

  c - novus actus interveniens - r v roberts 1971
• mens rea of murder - 1. intention to kill or cause GBH 


  DPP v smith 1961

  • grevious meaning serious
  • intention is subjective, it is what D intended, not what the reasonable man intended
• mens rea - 2. intention must be direct or indirect 


  direct intention - D wants the victim to die and does what is necessary to achieve it - r v gregory and mott 1995

  indirect intention - D foresaw consequences but didnt want it to happen - r v moloney 1985
• intention - hyam v dpp 1975


  where there is foresight there will always be intention
• intention - r v hancock and Shankland 1986


  the greater the probability of the consequence, the more likely the consequence was foreseen and therefore intended
• intention - r v nedrick 1986


  judge directed that a jury could infer intention where death or GBH is a virtual certainty of D's actions
• intention - r v woollin 1998


  changed wording, so a jury are entitled to find intention where death or GBH is a virtual certainty of D's actions.
• criticisms of law on murder

  criticism:

  • mandatory life sentence
  • no precise definition of when death occurs
  • intention includes intention to cause GBH but conviction is still the same
  • no clear definition of intention
  • euthanasia