Murder Flashcards
(11 cards)
What type of crime is murder
Common law offence
Define murder
Defined by Lord Coke in 1797 as “unlawful killing of a reasonable human being under the kings peace with malice aforethought express or implied”
What is the actus reus of murder
Unlawful killing of a human being. Unlawful killing meaning ‘causing death’. Death is a medical test and not legal meaning ‘brain stem death’ - R v Malcherek. If the killing was ‘necessary’ it would not be unlawful. Lawful killing may arise in situations of self defence - R v Clegg.
What is the mens rea of murder
Malice aforethought express or implied
The intention can either be express(to cause death) or implied (to cause GBH) - DPP v Smith
This can either be direct (intent to kill or cause GBH) or oblique where it’s not the D aim or purpose to bring about a prohibited result but he foresees that result as a virtual certainty (R v Nedrick) to occur due to his actions - R v Woolin
R v Malcherek
Brain stem death is death
R v Clegg
D’s lack of ‘evil’ motive did not preclude his actions from being unlawful
DPP v Smith
Grievous means no more and no less than ‘really serious’
R v Inglis
Assisting suicide was not a valid defence to murder, as D’s actions were directly responsible for the child’s death
R v Janjua and Choudry
If a person commits an unlawful act (like a robbery), and during the commission of that act, a death results, they can be convicted of murder
R v Woolin
Can infer intention for murder if the D’s actions were virtually certain to result in death or serious harm, even if there was no direct intent to kill
R v Nedrick
The court established “virtual certainty” test for intention: if death or serious harm was a virtually certain result of the defendant’s actions, the D could be deemed to have intended that result
