Murder cases legal principle

A-G Ref (No 3 of 1994)

A baby in the womb is not a person in being - CANNOT BE MURDER

R v White (1910)

A defendant is not guilty of murder if their actions were not the direct cause of the victim’s death

R v Gibbins and Proctor (1918)

Failure to look after (feed) a child is a criminal breach of duty of care

R v Jordan (1956)

If medical treatment is ‘palpably wrong’ and directly causes death, it may break the chain of causation

R v Blaue (1975)

The defendant must ‘take the victim as they find them’, including the victim’s religious beliefs

R v Woollin (1998)

Indirect (oblique) intention can be inferred if the defendant foresaw death or serious injury as a virtual certainty

R v Nedrick (1986)

Indirect intention exists if the defendant foresaw the consequence as a virtual certainty

R v Vickers (1957)

Intention to cause GBH is enough for a murder conviction, even if death was not the direct intent

R v Moloney (1985)

Jury can infer intention if death or serious injury was a natural consequence of the defendant’s actions