Murder Flashcards
(19 cards)
What is the definition of murder?
Murder is the unlawful killing of a human being under the Queen’s peace with the intention to kill or cause GBH.
What is the actus reus of murder?
The unlawful killing of a human being.
When is a killing considered unlawful?
When it is not justified by law, such as in cases not involving lawful self-defence.
Who is considered a human being in murder cases?
A person with independent existence outside the womb.
What must be proven regarding causation in murder?
D must have caused V’s death both factually and legally. (AG ref No 3 1994)
What is the test for factual causation?
The ‘but for’ test – But for D’s actions, would the result have happened? (White)
What is the test for legal causation?
D’s act must be a more than slight or trifling cause of death (Kimsey).
When do V’s own actions break the chain of causation?
They don’t if they were reasonable and foreseeable (Roberts).
Does a victim’s failure to seek medical treatment break the chain?
No. Victim is under no legal duty to seek help (Dear or Holland).
Does bad medical treatment break the chain of causation?
No, if the original injury is still an operating and substantial cause (Cheshire).
Does turning off life support break the chain of causation?
No, it does not break the chain (Malcherek & Steel).
When does a natural event break the chain of causation?
If it is truly unforeseeable and extraordinary.
What is the thin skull rule?
D must take V as they find them (Blaue), even if they have a hidden vulnerability.
What is the mens rea for murder?
The intention to kill or cause grievous bodily harm (GBH).
What is direct intention in murder?
When it is D’s aim, purpose, or desire to cause death (Mohan).
What is the Woollin test for oblique intention?
- Was death or serious injury a virtual certainty from D’s act? (Objective)
- Did D realise this? (Subjective)
What should you do in an exam when discussing intention?
Fully explain both direct and oblique intention, then apply the most appropriate one.
What is transferred malice in murder?
If D intends to harm one person but accidentally kills another, the intent transfers (Latimer).
What is the coincidence rule?
AR and MR must coincide in time; a continuing act can satisfy this (Thabo Meli, Fagan).
