Fatal offences: Murder Flashcards
Definition (include name who define murder)
The unlawful killing of another human being in times of (king’s) peace, with malice aforethought expressed or implied
- modern interpretation of Coke’s definition from 1797
Source
Common law
Actus reus of murder
- CAUSATION can be an act or omission (Gibbins v Proctor - murder by omission, little Nelly), through direct or indirect actions.
- D would not have died ‘but for’ D’s illegal act and there is an unbroken chain of causation between D’s illegal act and death (consequence), D must take V’s as they find them
- no statutory definition of DEATH - Malcherek v Steele (switching off life support machine, death occurs where there is no brain stem activity
- common law has decided that a human being is when a foetus is capable of an existence independent of its mother, fully expelled from its mother (Poulton) (AG’s ref No3 of 1994) HUMAN BEING
- person already dead cannot be v of homicide
Actus reus of murder: unlawful killing (defences)
- 2 cases
DEFENCE OF NECESSITY may be available for murder (intentional killing)
Re A - separation of conjoined twins (killing was lesser of 2 evils)
SELF DEFENCE is controversially available for murder
R v Beckford - shows D can use pre-emptive strikes rather than waiting to be killed themselved
Actus reus of murder: unlawful killing (euthanasia/assisted suicide)
- 2 cases
Helping a person who wants to take their own life, but is no longer able to do so
Adams - doctor convinced of murdering a terminally ill woman as he had speeded up her inevitable death
Inglis - mother convicted of the murder of her son who had been brain injured when he fell out of an ambulance. She killed him on her second attempt to administer heroin.
Actus reus of murder: in the king’s peace
- 2 cases
It is not murder if you kill on the battlefield/ if you kill enemy soldiers in times of war
Military personnel are subject to the same rules except for in battle during war
R v Clegg - a soldier used excessive force, killing a joyrider who failed to stop at a checkpoint
R v Blackman
Mens rea of murder
Malice aforethought which means only intention will suffice as MR (specific intent crime)
Cannot be recklessness (that would be manslaughter)
The intention can be formed only moments before the AR is performed (aforethought)
Intention is different from motive (motive not part of MR - Steane)
- factor in sentencing
Intentionally killing is always murder unless a partial defence (diminished responsibility or loss of control) can be applied/general defences i.e self defence - beckford
MR: What does implied intention mean?
- 2 cases
It means D had an intention to cause GBH and death resulted
- In the case Smith it was said that GBH means to cause very serious harm. A later case of Saunders said that serious harm would suffice (be enough)
MR: What does expressed intention mean?
It means that D had an intention to kill
MR: Direct intention
- name a case
If a D has direct intention they specifically intend to kill V or to cause them GBH
Death or GBH (from which death results) was D’s aim purpose or desire as explained by Mohan case - intention is when D sets out to bring about a certain consequence
MR: Oblique intention
The current rules/requirements (test0 was created in Nedrick then modified and confirmed in the case of Woollin
1) Was death or serious personal injury a virtually certain consequence of D’s conduct (act or omission)?
2) An was D subjectively aware of this even though death or serious injury was not his aim/purpose or desire
