murder

Question 1

murder equation

Answer 1

murder = (any willful act causing the destruction of life) + (intention to kill) / (wicked recklessness)
Macdonald, Criminal Law of Scotland, 5th edn (1948)

Question 2

intention to kill

Answer 2

Drury v HM Adv 2001 SLT 1013
Significance: murder requires wicked intention rather than just intention

Question 3

wicked intention definition

Answer 3

Lieser v HM Adv 2008 SLT 866
Significance: “wicked intention” = (intention) + (lack of relevant defence, such as provocation or self-defence)

Question 4

wicked recklessness case

Answer 4

HM Adv v Purcell 2008 JC 131
facts: the accused had been driving in an extremely reckless way, and he hit and killed a child. he was driving more than twice the speed limit, and ran a red light.
legal issue: the accused hadn’t intended to hurt the child.
held: at most, he could be convicted of culpable homicide.
significance: wicked recklessness requires (i) intention to cause physical injury and (ii) wicked disregard of possible fatal consequences.

Question 5

indirect intention to cause physical injury (wicked recklessness)

Answer 5

Petto v HM Adv 2012 JC 105
facts: Petto had murdered his flatmate. They lived on the ground floor, and to cover up what he had done, he decided to light his body on fire. This fire spread to the rest of the block, causing one of the upstairs residents to die from smoke inhalation.
legal issue: The accused didn’t intend to injure the person in the upstairs flat.
held: While wicked recklessness requires intention to cause injury, however intention includes foresight that the accused’s conduct was virtually certain to cause injury.
significance: Intention for the purpose of wicked recklessness can include indirect intention.