Murder

• R v Malcherek - A person who is brain dead does not fall under a reasonable creature
• AG's ref - A foetus is not considered a reasonable creature

  The defendant stabbed V when she was pregnant, she gave birth to a premature baby who died 4 months later as a result. Violence towards a foetus results in harm suffered after the baby has been born can mean criminal liability
• R v Moloney - Murder is a crime of a specific intent as the prosecution needs to prove that the defendant had beyond a reasonable doubt to intend to kill or commit GBH

  The defendant shot his stepfather in a drunken challenge
• R v Vickers - Implied intent - intention to cause GBH

  During the defendant's burglary of the victim's shop, the victim discovered that the defendant whereupon the defendant struck the victim with several blows. The victim eventually died from shock due to general injuries.

  Malice can include implied malice if a defendant was willing to inflict GBH then how would the defendant know that the victim would not die
• R V Nedrick - oblique intent - jury needs to ask themselves how probable were the consequences of the defendant's actions and did he foresees the consequence as a virtual certainty when looking at the evidence and can infer intent.

  The defendant went to the victim's house in the middle of the night poured paraffin through her letterbox and set light to it. A child died in the fire.