CASES

• AG’s Ref (No.3 of 1994)

  ‘Human being’- an unborn child is not a human, it is only human once it has taken an independent breath.
• Malcherek

  ‘Unlawful killing’- There is no legal definition of death, the courts use the medical definition of death (brain stem death)  A killing will not be unlawful if it is in self defence.  A  doctor withdrawing treatment will not normally be an unlawful killing.
• Blackman

  ‘Under the King’s peace’- killing at war is generally not murder.
• Gibbins and Proctor

  It can be committed by an act or omission.
• Vickers

  Malice aforethought which has been interpreted to mean intention to kill or cause serious harm.
• Smith

  Grievous bodily harm means ‘serious harm’.
• Mohan

  Direct intent is where the death or serious harm is the defendant’s aim or purpose.
• Woollin

  Oblique intent is where the defendant had a different aim or purpose, but will have foreseen the death or serious harm as a virtually certain consequence of his actions.