Murder

• Lord Coke's definition: "The unlawful killing of a human being under the Queen's peace within any country of the realm with malice aforethought express or implied"
• AR : Unlawful Killing

  • consider whether the killing is lawful or unlawful
  • the killing can also take place by omission - Gibbons v Proctor
• AR: Human Being

  • must be independent of the womb - Attorney Generals Reference
• AR: Under the Queen’s Peace

  • killing an enemy soldier in war is not murder
• AR: Any country of the Realm

  • can be tried in the UK for murder committed in another country
• Causation in Fact

  • ‘but for‘ D’s acts, would V have suffered the consequences - White
• Causation in Law - Pagett

  • was D morally responsible?
  • was D more than a minimal cause?
  • did D accelerate the death?
• Novus Actus Interveniens

  • there must be no intervening acts to break the chain of causation
  • Malcherek and Steel - turning off life support does not break the chain of causation
• MR: Direct Intent

  • must be D’s aim, purpose and desire - Mohan
• MR: Oblique intent

  • was death/serious injury virtually certain and did D realise this? - Woolin
• Transferred malice:

  • Intent can be transferred from person to person - Latimer
  • Intent can be transferred from object to object - Pembliton
  • Intent cannot be transferred from person to object, or vice versa