Murder - killed (first part)

Definition of murder

• Lord Coke in the 17th century defined murder as ‘the unlawful killing of a reasonable person in being under the King/Queen’s peace with malice aforethought, express or implied’.

Actus reus of murder

• The unlawful killing

• Reasonable person in being

• Kings peace

Mens rea of murder

• Malice aforethought, express or implied

First part of murder - killing

• There must be a death, otherwise its not a murder.

• This can be done by an act, or an omission - R v Gibbins and Proctor 1918.

• A defendant wont be guilty unless their act or omission CAUSED the death

4 steps of causation for actus reus

• Factual causation - R v White

• Legal causation - R v Kimsey

• Novus actus interveniens

• Thin skull rule - R v Blaue

Factual causation

• But for test - but for the defendants conduct, would the victim still have suffered? R v White

Legal causation

• Showing that the defendants actions were more than minimal cause of injuries victim suffered R v Kimsey

Novus actus interveniens

• There must not be any acts which break the chain of causation otherwise liability will be dismissed

Novus actus interveniens - negligent medical treatment

• Poor medical treatment wont break the chain of causation unless it is so independent of the defendants acts that it becomes the main cause of death

• R v Jordan

Novus actus interveniens - daft actions of victim

• Where the victim does something so unreasonable which causes their own injury then their actions will break the chain of causation

• R v Roberts

Novus actus interveniens - third party interventions

• When a third party becomes involved in the situation and takes over as being the main cause of injury, then they will break the chain of causation - R v Paggett

Novus actus interveniens - victim’s self neglect and suicide

• A victim failing to care for their own injuries will not break the chain of causation

• R v Wallace

Novus actus interveniens - drug cases

• Where a person freely takes drugs then the actions of self injection or self application will break the chain of causation

• R v Kennedy

The thin skull rule

• Take your victim as you find them. If the victim has something unusual about their physical or mental state which makes the injury more serious, then the defendant is liable for that serious injury.

• R v Blaue