Cards (5)

  • AR of murder?
    The unlawful killing of a reasonable creature in being within the Kings peace.
  • If an omission led to death, need to establish a duty to act (Pitwood/Stone and Dobbinson, etc)
  • Did D’s act cause death (are there any causation issues?)
  • MR of murder?
    Express malice aforethought (intention to kill), or implied malice aforethought (intention to cause GBH - Vickers).
  • *Remember, indirect intention could apply: if death or serious injury was a virtually certain consequence of D’s actions, and D appreciated this, then the jury is entitled to find intention (Woolin).