murder

• Actus reus of murder

  The unlawful killing of a reasonable creature under the king's peace
• Unlawful killing


  1. Act

  2. Omission
• Unlawful killing by omission


  • R v Pittwood - defendant guilty of gross negligence manslaughter for failing to close a gate
• Reasonable creature


  • The death must be of a reasonable creature of being, not a foetus (Attorney general reference 1994)
  • The victim must have brain functioning at the time of the incident (Malcharek)
• Under the king's peace


  The murder shouldn't be committed at a time of war
• Mens rea of murder


  Malice aforethought
• Express malice


  Intention to kill
• Implied malice


  Intention to cause GBH
• Direct intent


  It's the defendant's aim, purpose, or desire to bring about the result (Mohan)
• Indirect intent


  It's virtually certain and the defendant knows this (Woolins)
• Intention to inflict GBH which results in the death of the victim is enough for the mens rea of murder (Vickers)
• Causation


  1. Factual causation (but for test)

  2. Legal causation (operative and substantive cause)
• Factual causation


  • Paggett - but for the defendant using his girlfriend as a human shield, she wouldn't have died
• New intervening acts that may break the chain of causation


  • Act of God
  • Act of a 3rd party
  • The victim's own act
• Acts that don't break the chain of causation

  • Smith - dropping the victim didn't break the chain as the wound was the operative and substantive cause
  • Cheshire - medical negligence rarely breaks the chain
  • Jordon - medical treatment rarely breaks the chain of causation unless its palpably wrong