Murder

• Murder Definition


  Killing must be

  -> unlawful (not in self-defence)

  -> of a human being

  —-> not a foetus (AGs Ref No 3 of 1994 (1997))

  —-> or a brain dead person (NHS Trust v Bland (1993))

  The killing can be a positive act or an omission if there is a duty to act (Pittwood 1902)
• Murder - Causation


  Factual cause of death

  -> ‘but for’ test (Padgett (1983); White (1910))

  -> more than minimal cause (Kimsey (1996))

  -> D must take his V as he finds them (Blaue (1975))

  Chain must not have been broken by Novus Actus Interveniens:

  -> general rule: medical treatment will not break the chain of causation (Smith; Cheshire; Malcherek)

  —-> unless ‘palpably wrong’ (Jordan)

  -> V’s own act won’t break the chain if reasonable (Roberts)

  —-> Will if daft (Williams and Davies)

  -> natural but unpredictable even will
• Murder - MR


  Malice aforethought express or implied

  Express:

  ->intention to kill

  -> can be direct (Mohan)

  -> or oblique (Nedrick; Woollin; Matthews & Alleyne)

  Implied:

  ->intention to cause GBH

  -> Vickers