Definition of Murder
Murder is the unlawful killing of a human being under the kings peace with malice aforethought express or implied by the law (Lord Coke)
Common law offence with a mandatory life sentence
Unlawful Killing - Omission
Parent/Child ( Gibbons v Procter)
Assumed ( Stone v Dobinson)
Contractual (Pitwood)
Public Duty (Dytham)
Chain of events ( Miller)
Statutory Duty (S.170 Road Traffic Act 1988)
Unlawful Killing - Positive Act
Punching
Stabbing
Shooting
Kicking
Pushing
Biting
Has to be a Human Being
A foetus is not a human being unless injured in the womb, born alive and then died as a result of injuries (AG’s Ref No3 1994)
Reasonable creature makes it hard to define wether a brain dead person is a human being
Kings Peace
D hasn’t killed V in Battle ( R v Page), Lawful killings include turning of life support (Malcharek) and operating to save a child (Re A)
Causation
Factual - But for D’s conduct V wouldn’t have died ( R v White)
Legal- D’s conduct is the operating and substanciating and minimal cause of v’s death ( R v Smith)
Novus acts interveniens
Medical Negligence - Will only break the chain of causation if ‘extra-ordinary’ ( R v Cheshire)
Third Party - Must be operating and substancial cause ( R v Smith)
V’s own actions - Won’t break chain of causation if ‘ reasonably foreseeable’ (R v Roberts)
Think skull rule - D must take V as they find them ( R v Blaue)
Malice aforethought - Express
D intends to kill
- D may have direct intent:Desires v’s death (R v Belfon)
- Oblique intent: V’s death is a virtual certainty and D realises this ( R v Woolin)
malice aforethought- implied
D intentds to cause GBH and V dies ( Vickers)
Direct intention ( Belfon)
Oblique intent ( Woolin)
Transfered Malice
D can be liable if they have the Mr for the crime against an unintended victim ( R v Mitchell)
Coincidence Rule
D didn’t know they was a committing an offence but then proceded to carry on after finding out ( Fagen v MPC)
D had the MR but the AR came later ( R v Thabo Meli)
