murder

• define murder


  lord coke - the unlawful killing of a reasonable person in being and under the kings peace with malice aforethought, express or implied
• actus reus elements

  1. has D caused the death
  2. of a reasonable person in being
  3. under kings peace
  4. was the killing lawful (self-defence)
• 1. has D caused the death


  V must be killed by act or omission. D cant be guilty unless they cause the death ( causation )

  omission ( gibbins & proctor ) failure to feed 7 yr old girl enough for AR for murder
• 2. of a reasonable person in being

  • means a human being
  • in AG ref (no3 of 1994) (1997) stated by house of lords that where foetus is injured, child born alive but dies afterwards due to injuries, this can be actus reus for murder
  • doctors allowed to switch off life support without being liable for murder
• 3. under kings peace

  • means killing an enemy during war is not murder however killing a prisoner of war would be sufficient for AR of murder
• 4. was killing unlawful

  • killing not unlawful if in self-defence, defence of another or prevention of crime and D used reasonable force in circumstances
• mens rea for murder

  • malice aforethought, express or implied
  • express malice aforethought - intention to kill
  • implied malice aforethought - intention to cause GBH
  • meaning a person can be guilty of murder even if they didnt intend to kill decided in R V VICKERS
  • confirmed in cunningham - D killed V by hittiing with pub stool. house of lords dismissed appeal as he had intent to cause GBH which was sufficient MR
• causation

  • prove factual causation through but for test ( R v WHITE )
  • Legal causation = needs not be substantial cause of death but something more than minimal ( R V KIMSEY )
• interveining acts that may break chain of causation

  • medical treatment
  • victims own act
  • act of 3rd party
  • drug cases
  • thin skull rule
• medical treatment cases if relevant

  • r v smith - D liable if initial injury is operating & substantial cause of death
  • r v cheshire - D can be guilty even if conduct is not only cause of death
  • r v jordan - medical negligence breaks the chain if so independent of Ds act
  • r v malcherek - switching off life support does not break chain
• victims own act

  • if victim acts in daft manner meaning their actions were unreasonable
  • R v Roberts - Ds actions reasonable, D remains guilty
  • R v williams & roberts - victim acted in daft manner
• 3rd party acts

  • r v pagget - if act foreseeable D remains liable and chain remains intact
• mens rea - intention

  • intention may be direct or indirect
  • direct intention is an aim, purpose or desire deciding to bring about criminal consequences ( mohan )
  • matthews & alleyne - indirect intention if death or serious injury is a virtual certainty from Ds acts and D appreciates this
• sentence for murder

  mandatory life sentence