introduction*
murder is a common law offence
legal definition originated from sir edward coke in the 17th century
unlawful killing*
committed by a positive act or omission
r v gibbons and proctor
victim must be brain dead
r v malcherek and steel
human being*
victim must be a human being and capable of living independently from their mother
attorney general reference
in the queen’s peace*
includes everyone but soldiers killing in war
but for test
if it wasn’t but for the defendants actions would the victim have died?
white
de minimus*
where the defendants actions are more than the minimal cause of death
there may be an acceleration of death caused by the defendants
actions
r v pagett
toiwtoascod*
at the time of death, the original injury caused by the defendant was still the ‘operative and substantial cause of death’
r v smith
intervening acts
the chain of causation can be broken in cases where there is grossly negligent medical treatment
cheshire
the chain of causation is broken when the defendants actions are so unpredictable they cannot be foreseen
r v williams and davis
thin skull
where there is a weakness of the victim themselves
the defendant must take the victim as they find them
the weakness won’t break the chain of causation
r v blaue
expressed direct malice aforethought
when the defendant aims to bring about death
r v mohan
expressed indirect malice aforethought
when the defendant should realise that death is a virtual certainty and then continues with their actions
r v woolin
implied malice aforethought
this is the intention to cause gbh
r v cunningham
conclusion
liable
indictable
crown court
life imprisonment
abolition of the death penalty act
not defined - inconsistency
archaic language - inconsistency
