Murder Flashcards
(31 cards)
Definition
The unlawful killing of a reasonable creature in being under the queen’s peace with malice aforethough
Nedrick case and ratio
D poured petrol through a letterbox and lit it, a child died. He didn’t intend to kill. Manslaughter
R v Moloney case and ratio
D shot his stepfather in a quick draw game. He had no intent so not guilty
What ruling came from Moloney
- Was death/serious injury a natural consequence of D’s actions?
- Did D foresee these consequences?
Where did the Moloney ruling come from?
Lord Justice Bridge
Hancock and Shankland case and ratio
Striking miners threw a roadblock off a bridge. It killed a taxi driver. No intent so manslaughter
Woolin case and ratio
D threw a baby off a wall and it fractured it’s skull and died. Manslaughter as he didn’t intend or foresee?
Re A case and ratio
Conjoined twins (one fully functioning and one parasitic) were separated. One died. The parasite could not live independently so not murder
R v Matthews and Alleyne case and ratio
DD threw V into a river knowing he couldn’t swim. He died. Murder
Gibbins and Proctor case and ratio
A man and his commonlaw wife starved his son to death. Omission to act was failure to feed him. Guilty
Attorney General Reference case and ratio
D stabbed pregnant girlfriend, She gave birth prematurely and it died later. Not murder
Bedford v The Queen
A policeman shot and killed a “shooter” but V’s gun was never found. D honestly believed it was self defence so NG
R v Clegg
A soldier shot a car that didn’t stop at a checkpoint. Murder
R v Martin
D had PPD and shot 2 intruders. His PPD gave him dim resp. ManslaughtER
R v Vickers
D broke into a shop and attacked the person living above it. Intent to cause GBH is intent still
R v Cunningham
D repeatedly hit V with a chair but didn’t intend to kill them. Intent to cause GBH is intent
DPP v Smith
A policeman jumped on V’s bonnet and he swerved him into oncoming traffic. Murder.
AR
The unlawful killing of a reasonable creature in being under the queen’s peace
MR
Malice aforethought
But for test
But for D’s actions, would V still have died
Case for but for test
R v white (mother’s milk)
De minimus rule
D has to be more than a minimal contribution
Case for de minimus rule
R v Kimsey
Thin skull rule
Take your victim as you find them
