murder

What is the definition of murder?

Unlawful killing of a human being under the King's peace with malice aforethought, express or implied.

Where does the definition of murder come from?

Lord Coke's common law definition.

What are the three elements of murder?

Unlawful killing of a human being; under the King's peace; malice aforethought.

What is the actus reus of murder?

The unlawful killing of a human being under the King's peace.

What is the mens rea of murder?

Malice aforethought: intention to kill or intention to cause grievous bodily harm (GBH).

Which case established that intention to cause GBH is sufficient for murder?

R v Vickers (1957) – intention to cause GBH is sufficient mens rea for murder.

What is factual causation?

The 'but for' test: but for D's actions, would V have died?

Which case established factual causation?

R v White (1910) – D poisoned his mother, but she died of a heart attack before the poison took effect.

What is legal causation?

D's conduct must be an operating and substantial cause of death, more than minimal.

Which case illustrates legal causation?

R v Smith (1959) – the original injury remained an operating and substantial cause of death.

What is a novus actus interveniens?

A new intervening act which breaks the chain of causation.

Which case illustrates an intervening act by a third party?

R v Pagett (1983) – police returning fire was a foreseeable response and did not break the chain.

What is the thin skull rule?

D must take V as they find them, including physical or religious vulnerabilities.

Which case establishes the thin skull rule?

R v Blaue (1975) – V refused a blood transfusion for religious reasons and died; D remained liable.

What is direct intention?

D's aim or purpose is to bring about the consequence.

Which case explains direct intention?

R v Mohan (1976) – intention involves a decision to bring about a prohibited consequence.

What is oblique intention?

The consequence is virtually certain and D appreciates that virtual certainty; the jury may find intention.

Which case established the modern direction on oblique intention?

R v Woollin (1999) – virtual certainty and D's appreciation of it allow the jury to find intention.