Law - murder

• Definition of murder


  the unlawful killing of a human being under the King’s peace with malice aforethought express or implied
• Airedale v Bland


  Fact:

  • D suffered severe accident and remained in vegetative state and docs removed his tube

  Legal Point:

  • Withdrawal of treatment is not unlawful
• R v Clegg


  Facts:

  • D shot dead a person driving away from a vehicle checkpoint

  Legal point:

  • Soldier must act within orders/excessive force in self defence. Even though he was a soldier, this was an unlawful killing.
• R v Nedrick 


  Facts:

  • d poured petrol through letterbox and a child died

  legal point:

  • Virtual certainty
• Iominson


  Facts: man accused of killing elderly mother

  LP: police must follow orders
• Moloney


  Facts: convicted of murder after a drunken competition

  LP: first sight of death could satisfy the mens rea
• A-G’s Ref NO-3 1994


  Facts: B stabbed pregnant girlfriend prematurely giving birth to S who died 121 days after.

  LP: found not guilty as the fetus was not a human being
• R v Bookin Adams 


  Pain relief= lawful
• Malcherek v Steel


  F: involved d‘s accused of stabbing wives and insulting women. Doctors had switched off life support machines.

  LP: person ceases to be a human being when their brain stem ceases to be active (brain-dead)
• Mohan


  F: d charged with dangerous drinking causing death

  LP: intent to kill = express malice aforethought
• Woollin 


  F: baby crying so mother threw child at cot and the baby died

  LP: virtually certain that she would kill or harm it
• Vickers


  F: D broke in a cellar of a sweet shop and hit old lady several times and she died

  LP: intent GBH = implied malice aforethought
• Cunningham 


  facts: D attacked V in pub and V died

  LP: Intent to cause GBH = implied malice aforethought
• Matthews V Alleyene 


  F: D’s joking - v told D that he couldn’t swim and pushed him off the bridge

  LP: confirm decision in Woollin- virtually certain
• Expressive malice aforethought 


  Where the D has a clear intention to kill the victim
• Implied malice aforethought 


  Where D intends to cause GBH