Unlawful Homicide

• what type of offence is murder, what does it mean?

  Murder is a common law offence, it is not defined in an act of parliament
• according to whom, what is murder?

  According to the 17 th century lord coke, murder is:

  "The unlawful killing of a human being under the king or queen's peace, with malice aforethought which is express or implied"
• what is the actus reus of murder?

  The unlawful killing of another human being under the king's peace
• how can the Actus Reus of murder be committed?


  Via an act or omission
• In the context of murder, what is the significance of the case of r v gibbins v proctor?

  It is an example of the victim dying due to omissions
• what is important in terms of consent for murder?

  The defendant must cause the victim's death in terms of both factual and legal causation
• When would you need the attorney general's consent?

  If the death occured more than 3 years after the incident, or if the D in question has already been prosecuted in connection with the incident
• What is required in terms of factual causation for murder, and which cases show this??

  R v White, and r v Pagett show that Factual causation requires that 'but for' the D's actions the victim wouldnt have died- the death of the victim must also be a reasonably foreseeable consequence of the D's actions
• What is required in terms of legal causation for murder, which case shows this?

  The case of r v Cheshire shows that legal causation states that the D doesnt need to be the sole cause of the Victim's death- however the D will be liable if they made a significant or substantial contribution to the victim's death
• what are the three events that can break the chain of causation?

  If the Victim recieves poor and/or innapropriate medical treatment- only occurs if the original wound is not he operating cause of death.

  If the victim acted unreasonably

  If the victim unreasonably refuses medical treatment
• What is a human being in the context of murder?

  Someone who has a functioning brain

  A child which is born alive

  A foetus is not a human being
• What is the significance of the case of r v malcherek?

  It shows that a victim who is brain stem dead will be dead even though they are ventilated. Thus a doctor can switch off the V's life support without being charged for murder
• what is the significance of the case of airedale NHS trust v bland?

  It shows how treatment can be withdrawn from a victim in a persistent vegetative state
• What does 'in the king's/queen's peace' mean?

  Meaning that in the heat of battle, killing an 'enemy alien' will not be unlawful homicide AKA murder
• when would a murder not be unlawful?

  In self defence-on themself, for someone else, or to prevent another crime taking place, should the Defendant's actions be reasonable and with proportionate force.
• What is express malice?

  Intention to kill
• What is implied malice?

  Intention to cause Grievous Bodily Harm
• What is the significance of the case of r v vickers?

  It shows how the D can be guilty of murder even with intention to cause Grievous Bodily Harm