How did Lord Coke define murder?
The unlawful killing of a reasonable creature in being under the King’s [or Queen’s] Peace with malice aforethought, express or implied.
What is the Actus Reus of murder?
Unlawful killing of a human being under the Queen’s Peace (within any country of the realm).
What is the Mens Rea of murder?
Intention to either kill or intention to cause serious injury (malice aforethought).
What are the key elements of murder?
- Unlawful killing (AR)
- Human being (AR)
- Queen’s Peace (AR)
- Any country of the realm (AR)
- Malice aforethought (MR)
What is factual causation in murder?
Factual causation means that but for D’s conduct, the victim would not have died.
What is legal causation in murder?
Legal causation means that D’s act or omission was a more than minimal cause of the victim’s death.
What does ‘Queen’s Peace’ refer to?
‘Queen’s Peace’ excludes killing an enemy in battle when the country is at war, but protects enemy soldiers who have surrendered or been taken prisoner.
In Blackman (2017), killing an enemy combatant after they were seriously injured and no longer a threat was considered a killing under the Queen’s Peace.
What is excluded from the definition of a human being in murder?
A foetus or a person who is brain dead is excluded from the definition of a human being in murder.
What was decided in A-G’s Reference (No.3 of 1994)?
It was decided that a foetus killed in the womb cannot be the victim of the specific offence of murder; a child must have an existence independent of the mother.
What does transferred malice refer to in murder cases?
Transferred malice cannot be used where the mens rea of murder is directed at a pregnant mother and the unborn baby dies.
What was the ruling in Malcherek (1981)?
The Court decided that doctors can switch off a life support machine when the victim is brain dead, as the person is no longer a reasonable creature in being.
What does ‘within any country of the realm’ mean in murder law?
‘Within any country of the realm’ includes killing a person anywhere in the United Kingdom, and a British citizen can be tried in English courts for murder committed overseas.
What is the mens rea of murder?
Malice aforethought (express or implied).
What does express malice aforethought mean?
Intention to kill.
What does implied malice aforethought mean?
Intention to cause serious harm.
Is prior planning required for a murder charge?
No, merely that the intention to kill or cause GBH occurs alongside D’s conduct.
What is sufficient for a murder charge?
Intention to cause GBH (serious injury) is sufficient.
In Vickers (1957), D struck V with several blows during a burglary. V died, and the Court decided that intending to inflict GBH is enough for murder.
What is the test for intention in murder cases?
The test for intention is subjective, based on what D thought.
What are the two types of intention recognized by law?
Direct intent and indirect intent.
What is direct intent?
D’s aim, purpose, or objective.
Refer to Mohan (1976).
What is indirect intent?
D realized the consequence was virtually certain.
Refer to Woollin (1998).
What must the jury consider regarding indirect intention?
The jury must feel sure that death or serious bodily harm was a virtual certainty as a result of D’s actions and that D appreciated it.
What is the significance of foresight of consequences in murder cases?
Foresight of a consequence as a virtual certainty is only evidence from which a jury may find intention.
Refer to Matthews & Alleyne (2003).
What is an example of transferred malice in murder?
Gnango (2011) may be relevant.
