Murder Summary

Murder Summary

1. COMMON LAW OFFENCE: NO STATUTE

2. Definition - Lord Coke

   • "The Unlawful killing of a reasonable creature in being under the Queen's Peace with malice aforethought, express or implied."

3. ACTUS REUS

   • The unlawful killing of a reasonable creature in being under the Queen's Peace
   • The killing must be unlawful
   • The AR can be an act or omission- must cause V's death
   • Reasonable creature in being
     • Not a Foetus
     • Not brain dead
     • Year and a day rule

4. CAUSATION

   • Factual
     • "But for" test
     • Pagett
   • Legal
     • 'Substantial and operative'
       • More than a minimal cause
     • Smith
   • Thin Skull
     • D must take his victim as he finds him
     • Blaue
   • Intervening Acts
     • Act of a third party
     • Victims own act
     • Natural/Unpredictable event
   • Medical Treatment
     • 'So independent of D's acts'
       • So potent in causing death
     • Cheshire

5. MENS REA

   • Malice aforethought express or implied
     • Express
       • Intention to kill
     • Implied
       • Intention to cause GBH
   • Foresight of consequences
     • Oblique intent
       • Doesn't have MR if unless he foresaw it would cause death/injury
   • Direct
     • Mohan
   • Indirect
     • Woollin
   • Recklessness
     • Cunningham