Murder

What is Murder?

The unlawful killing of a reasonable person in being with malice aforethought either express or implied

Actus Reus

Unlawful Killing of a reasonable person in being under the Queen’s Peace

Unlawful Killing

Killing done without a legal excuse e.g. general defence, execution and time of war

Reasonable person in being

Victim must be born

R v Enoch

Wholly expelled from the womb

R v Malcherek & Steel

Dead = Brain dead

Under the Queen’s Peace

Not at war within our borders

Factual Causation

“But For” Test

“But For” Test

But for Ds actions, V would not have died in the manner they did or at the time they did

“But For” Test (Case)

R v Pagett

Legal Causation

* Significant Contribution
* Thin Skull Rule
* Intervening Acts

Significant Contribution

More than a “minimal” cause

Significant Contribution (Case)

R v Smith

Thin Skull Rule

* D must take the victim as he finds him, including any factors that make the injuries more severe for them then a “normal” person
* e.g. physical weaknesses, medical conditions, allergies, refusal of treatment or failure to get treatment

Thin Skull Rule (Case)

R v Blaue

Intervening Acts

* Acts of 3rd party
* Victim’s own act
* Natural/Unpredictable event

Acts of 3rd Party

If input adds a “new or independent” element it breaks the chain of causation

Acts of 3rd Party (Case)

R v Cheshire/Jordan

Victim’s Own Act

If V acts in an unforeseeable way it may break the chain of causation

Victim’s Own Act (Case)

R v Roberts/Williams

Natural/Unpredictable Event

Extreme weather and “freak events” e.g. a tree falling on somebody

Mens Rea

Malice Aforethought either express or implied

Express or Implied Intention

Express → Intention to kill

Implied → Intention to cause GBH

Direct or Indirect Intetion

Direct → Actual result is desired result

Indirect → Actual result goes beyond desired result

Virtual Certainty Test

* Used if the intention is indirect
* “The consequences, \[death or injury\], was a virtual certainty as a result of D’s actions and D realised this”

Virtual Certainty Test (Case)

R v Woolin

What Act is Murder Under?

Homicide Act 1957

What is the Maximum Sentence for Murder?

Mandatory Life Sentence

What Type of Offence is Murder?

Indictable Offence