Criminal Law: Murder

Definition of murder

Unlawfully killeth of any reasonable creature

Examples of lawful killings and cases

Authorised by war - Lee Clegg

Administering pain relief - Dr Bodkin Adams

Withdrawal of treatment - Anthony Bland

Necessity/Self defense - Re A

A reasonable creature

A human being which can exist independently, all but foetus and braindead.

Braindead

When a persons brain stem ceases to be active

R v Malcherek and Steel

Doctors turned off life support machines after no activity in the brain stem from victims

R v Inglis

D found guilty of murder due to killing her son who was in a vegetative state, as unlawful to extinguish any life that is left

R v Gibbins and Proctor

Parents didn’t feed child, failure to fulfil duty can lead to murder is MR is present

Woman held liable as child was not hers

MR for murder

No need for malicious intent to allow prosecution of compassion killers

Intent to kill or cause GBH

R v Vickers

D found guilty of murder due to intent to cause GBH to home owner after burglary

Oblique Intent

defendant does not intend to cause a specific result but foresees it as virtually certain to occur as a result of their actions.

R v Matthews and Alleyne

Both D’s found guilty of murder

Jury free to find intent if there is foresight of virtual certainty