murder

definition:

  • human being - AG’s reference

  • death - R v Macherek & Steel

  • King Peace

  • Year and a day -

Actus Reus

Unlawful killing - can be an act or an omission - R v

Factual causation

  • But for test - R v White - but for the actions of the defendant the victim would not have died as & when they did

Legal causation

  • De minumus rule - R v Cato - defendants actions must be more than a minimal cause of the death

  • Thin skull test - R v Blaue - defendant must take the victim as they find them

  • Chain of causation - R v Smith / R v Jordon - must be a clear link between the actions of the defendant and the victims death

~ R v Dear - the element of suicide, recklessness might break the chain

Mens Rea

  • express intent - malice aforethought - intention to kill

  • implied intent - malice aforethought - disregarding the risk to human life (GBH) - D must foresee death or serious injury as a virtual certainty

~ R v Woolin

~ R v Vickers - where D intends to inflict GBH & the victim dies, this is sufficient to imply malice aforethought

Actus Reus & Mens Rea have to be present at the same time - R v Church

practice question