Murder Summary

Murder Summary

COMMON LAW OFFENCE: NO STATUTE
Definition - Lord Coke
1. "The Unlawful killing of a reasonable creature in being under the Queen's Peace with malice aforethought, express or implied."
ACTUS REUS
1. The unlawful killing of a reasonable creature in being under the Queen's Peace
2. The killing must be unlawful
3. The AR can be an act or omission- must cause V's death
4. Reasonable creature in being
  1. Not a Foetus
  2. Not brain dead
  3. Year and a day rule
CAUSATION
1. Factual
  1. "But for" test
  2. Pagett
2. Legal
  1. 'Substantial and operative'
    1. More than a minimal cause
  2. Smith
3. Thin Skull
  1. D must take his victim as he finds him
  2. Blaue
4. Intervening Acts
  1. Act of a third party
  2. Victims own act
  3. Natural/Unpredictable event
5. Medical Treatment
  1. 'So independent of D's acts'
    1. So potent in causing death
  2. Cheshire
MENS REA
1. Malice aforethought express or implied
  1. Express
    1. Intention to kill
  2. Implied
    1. Intention to cause GBH
2. Foresight of consequences
  1. Oblique intent
    1. Doesn't have MR if unless he foresaw it would cause death/injury
3. Direct
  1. Mohan
4. Indirect
  1. Woollin
5. Recklessness
  1. Cunningham

Resource summary

	Created by Fionnghuala Malone over 9 years ago