AOS2 - Malice Aforethought

Question 1

Word work: malice aforethought

Answer 1

• Malice:
  
  • the desire to harm someone
  • spite, hostility, hatred, ill will
• Aforethought:
  
  • previously in mind
  • planned, plotted, premeditated

Question 2

Intentional murder

Answer 2

• malice aforethought will be established if the accused specifically:
  
  • intended to kill the victim; or
  • intended to cause the victim grievous bodily harm (really serious injury (unconsciousness/psychological harm isn’t enough)
• the subjective mindset of the accused must be determined by examining surrounding behaviour (what they said, how they acted, their age, etc.)
  
  • did they act with a conscious desire to bring about death or GBH?
  • did they act with the knowledge that death or GBH was a certain result?

Question 3

Reckless murder

Answer 3

• accused knows that their act will probably or likely injure/kill someone, but they nevertheless go ahead and commit that act with reckless indifference to the consequences
• must determine the subjective mindset of the accused by examining their surrounding behaviour (what they said, how they acted, their age, etc.)
  
  • did the accused realise that death or GBH was a probable consequence?
  • did the accused expect death or GBH to be the likely result?
• no objective test; not sufficient for the danger to be obvious to a reasonable person or the jury