Murder Knowledge Summary

• D may be convicted of murder contrary to common law and is an indictable offence.
• Definition

  Defined by Lord Coke as 'the unlawful killing of a reasonable person in being under the King's peace with malice aforethought, express or implied'.
• Actus Reus

  1. Unlawful killing - not in self defence (Martin), at war or in prevention of a crime
  2. An act - positive, voluntary act or omission (failure to act)
  3. Reasonable person in being - human being, not a foetus (so wholly expelled from the mother and have an independent blood circulation - Att-Gen Ref No.3) or barin-stem dead (Malcherek & Steel)
  4. Under the King's peace - not during war
• Causation

  1. Factual - 'but for' test (White)
  2. Legal - de minimis 'more than a minor cause' (Kimsey), operating and substantial cause 'most to blame' (Smith)
  3. New Intervening Acts - V's own actions (Roberts), v's self neglect (Wallace), actions of a 3rd party (Pagett), palpably wrong medical treatment (Jordan/Smith), thin skull rule (Blaue)
• Mens Rea

  • Express malice aforethought

  1. Direct intent - D has the aim, wish or desire to kill
  2. Indirect intent - D aims to bring about a desired result, but death or serious bodily harm is a virtual certainty and the D appreciated it (Woollin)

  • Implied malice aforethought

  1. D has the intention to cause GBH but V dies (Vickers), 'really serious harm' (DPP v Smith)
• *CHECK for transferred malice*
• Sentence

  If both AR and MR are established, D would be guilty subject to any defence and if convicted, would face mandatory life imprisonment.