Murder

Murder

1. Actus Reus

   • 1. Killing Causing death
     • Can be by an act or omission
       • Omission example R v Gibbons and Proctor
     • The Act or Omission must have caused V's death
       • Factual Causation
         • But For test
           • R vPagget
             • But for the defendant using his girlfriend as a human shield she would not have died
           • R v White
             • But for the defendant posioning his mothers drink she would have still died
       • Legal Causation
         • Operative and substantial cause test
           • R v Smith
             • The wound was the operative cause of death
       • Intervening Acts
         • Have to be sufficently serious and seperate from D's conduct
         • One of three things
           • i) Actions of a third party
             • such as bad medical treatment
               • R v Jordan
                 • In order to break the chain the act must be papally wrong (medical treatment)
           • ii) Victims own actions
             • R V Roberts (did not break chain)
             • R v Williams (broke the chain)
             • R V Dear (didn't break chain)
           • iii) Natural but unpredictable event
             • Eg. Earthquake
         • Thin Skull Rule
           • R v Blaue
   • 2. Unlawful
     • R v Martin
       • They were shot in the back so the threat had passed. so it was not self defence and unlawful
   • 3. Under the Queen's Peace
     • civil Unrest is not a time of war
       • DPP v Clegg
   • 4. Reasonable person in being
     • Start of life
       • Life begins when the baby is expelled from the womb
         • Attorney Generals reference (No 3 of 1994)
           • Transfered malice cannot therfore be used on a foetus
     • End of life
       • Life ends at Brain Stem death
         • R v Malchrek and Steel
         • Airedal NHS Trust V Bland
           • life sustaining treatment can be withdrawn if it is in the patents best interests
             • And with permission from the court

2. Mens Rea

   • Malice Aforethought either express or implied
     • Express malice means D intends to kill
     • Implied malice means D intends to cause GBH to another but actually cause death
       • DPP v Smith, GBH means really serious harm
       • Vickers- intention to cause GBH is enough for the jury to imply murder
     • With Direct or Indirect intention
       • Direct intention - R v Mohan
       • Indirect intention- Woolin
   • Also to be considered Coincidence and Transferred Malice