Murder AO1

What category of offence is murder?

A common law offence -indictable

What is the maximum sentence?

Mandatory life sentence

What is ‘murder’ defined as?

The unlawful killing of a reasonable creature in being, under the Kings Peace, with malice aforethought.

Actus Reus?

Involves an unlawful killing- meaning it is not lawful.

(A killing can sometimes be lawful)

When may a killing be considered lawful?

• Self-defence (Martin)

• Doctors (Re A- twins case)

• Army (Clegg)

What must happen for it to be considered as murder?

V must die. D must have caused their death

What must be established? (2 types)

Factual Causation- But For test (White/Padgett)

Legal Causation (Kimsey)

What is the But For test?

‘But For D’s actions, the end result would not have happened.’

What is Legal Causation?

D must play a significant part in V’s death

‘Significant part’ = ‘more than minimal’ (Kimsey)

What could potentially break the chain of causation?

An Intervening Act (pick relevant cases in scenario)

Intervening Act in Jordan?

Bad medical treatment

Intervening Act in Roberts?

Victims own acts (escaping car)

Intervening Act in Blaue? Rule set?

Egg Shell Skull Rule- ‘take your victim as you find them.’

What is a ‘reasonable creature in being?’

A human- not a foetus (AG Ref)

V has to be independent from the mother

V mustn’t be brain dead (Bland)

What does ‘under the kings peace’ mean?

Not in war time

Mens Rea?

Malice Aforethought- intention to kill (express malice)

OR cause GBH (implied malice)- Vickers

Meaning of indirect intention? Case?

D forsees the death/GBH as virtually certain.

Woolin

Meaning of direct intention?

D wants the end result to happen (Mohan)

What does Mohan define as intention?

A decision to bring about the prohibited consequences