Murder

Murder

1. Actus Reus

   • The Killing of a human being
     • a foetus is not a human being for the purpose of a murder conviction
       • a foetus injured and dies from injury after birth may be murder
         • A-G's Reference (No 3 1994)
   • D's conduct must cause the death in fact and in law
     • Factual causation
       • 'but for' test
         • White
     • Legal causation
       • de minimis rule
         • D's act need not be sold cause but must be more than trifling / minimal
       • chain of causation
         • Roberts
         • Williams
         • Malcharek
       • thin skull rule
         • Blaue
   • an omission to act may be murder
     • duty because of a relationship
       • Gibbins and Proctor
         • failed to give daughter food and she died
     • contractual duty
       • Pittwood
         • did not close railway crossing and man was killed by train 
     • duty undertaken voluntarily
       • Stone and Dobinson
         • anorexic sister died, Ds did not care for her

2. Mens Rea

   • with 'malice aforethought'
     • (with intention)
   • an intention to kill or cause GBH
     • Vickers
     • confirmed by
       • DPP v Smith
   • intention may be direct
     • Mohan
   • intention may be indirect
     • Nedrick
     • Woollin
       • there is a virtual certainty that death or serious injury will result and D appreciates this
     • Stringer
       • satisfied woollin test, boy started a fire at bottom of stairs in his house - clear evidence for the jury to find intent
   • transferred malice
     • Latimer
       • guy on LSD kills girlfriend thinking he is being attacked by snakes

3. the unlawful killing (AR conduct) of a human being (AR circumstance) with malice aforethought (MR intent) which results in death (AR consequence)

4. a result crime

5. 2 partial defences

   • loss of control
     • voluntary manslaughter
   • diminished responsibility