Fatal Offences

• Murder 


  unlawful killing of a reasonable creature in being under the kings peace with intention to kill or cause grievous bodily harm. AR = the killing must be unlawful. if killing in self defence using reasonable force or if commited by a soldier on active duty in war time = lawful
• Murder 


  V must be a reasonable creature in being attacked. Malchereck = brain dead person doesn't count, A-G Ref1997= foetus doesn't count unless it sustains injury in womb then dies after birth. V must be alive when attacked, must die and this must take place under the Kings Peace. no longer required to die within year and a day of attack
• Murder 


  killing by act or omission Pittwood. Murder= result crime causation must be proved. Factual 'but for' Pagett. Legal causation D must be operating and substantial cause of death. D need not be the sole cause but more than a minimal. No intervening acts- Vs own act Williams or 3rd party Cheshire.
• Murder - only include if necessary

  contemporaneity rule/ correspondence rule = AR + MR must coincide for D to be liable curts extended so continuing act or linked series of acts can also count as same act so justice can be done. leading case = Fagan V MPC. applies to murder= thabo Meli. applies to manslaughter church
• Murder 


  MR of murder = intention to kill or cause GBH. intention can be direct Mohan or oblique Woolin. Direct act = D's aim or desire to bring about the outcome Mohan. Oblique intent = means its not D's aim, purpose or desire to bring about the outcome but jury can find intention if they believe D foresaw death or serious injury as virtual certainty . Foresight of consequences isnt intent but evidence for which can be found Matthew and Alleyne. intention to cause gbh = sufficient for murder.
• Murder -only include if necessary

  transferred malice = D intends to injure victim but injures another. Mitchell = D pushed old man in post office, elderly lady fell broke her hip and died. D convicted for manslaughter. Latimer = D's belt hit woman. MR only transferred person to person where offences = similar --> not mother to foetus in womb