Murder

    avatar
    Created by
    Paige

    Cards (14)

    • Definition of Murder
      Murder is the unlawful killing of a reasonable creature in being under the King’s peace - - with malice aforethought, express or implied.
    • Killing
      The actus reus of killing can be through an act or omission.
      Either way it must cause the death.
      Gibbons and Proctor - Where there is a duty to act a failure to do so could lead to liability for murder if the men’s rea is also present.
    • Killing
      Causation
      Factual - Pagett case - But for test.
      Legal - Kimsey case - More than a minimal cause.
    • Killing
      Intervening Acts
      Medical Treatments - Jordan - palpably wrong.
      V’s own actions - Roberts - no reasonable person could foresee it.
      Actions of a third party - Rafferty - Intend to make situation worse.
      V’s own self-neglect - Dear - original wound was substantial in death.
    • Reasonable creature in being.
      ’human being’
      A foetus is not a reasonable creature in being.
      AGRef 1997 - House of Lords said violence to a foetus which leads to harm once born can lead to liability.
    • Reasonable creature in being
      A brain dead person is not a reasonable creature in being.
      R v Malcherek - Doctors are allowed to switch off life-support machines without being liable for murder.
    • Under the King’s Peace
      Means that the killing of an enemy in the course of war is NOT murder.
      But killing at a time of peace will be murder.
    • Unlawful — Prevention of Crime
      Section 3(1) of the Criminal Law Act 1967
      The defence of ”prevention of crime” is a statutory defence.
    • Unlawful
      Reasonable Force
      Beckford - D appeal conviction was quashed as the D made a genuine mistake about the facts.
    • Unlawful — Self defence
      Self defence, defence of another, prevention of crime, used reasonable force then the killing is not unlawful.
    • Mens rea of murder — Definitions
      Two types of intention:
      EXPRESS Malice Aforethought - Direct or oblique intention to kill.
      IMPLIED Malice Aforethought - Direct or oblique intention to cause GBH
    • Mens rea for murder
      Oblique intention - Woolin - was the consequence a virtual certain result? Did the D know this?
      Direct intention - 100% aim and desire.
    • Mens rea of murder
      D can be guilty of murder even thought they did NOT intend to kill.
      Cunningham - Intent to cause GBH was sufficient mens rea for murder.
      DPP v Smith - GBH is really serious harm.
    • Transferred Malice
      Saunders - D was liable for the murder of his daughter as the mens rea transferred from his intended V to his actual victim.
    See similar decks