Case Studies: Murder 1

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  • Case Studies: Murder 1
    • Unlawful Killing
      • R v White (1910)
      • R v Smith (1959)
      • R v Moloney (1985)
        • Malice aforethought- intention to kill or cause GBH; merely foreseeing death as probable
    • Intent
      • Woolin (1999)
        • Threw his 3 month old baby onto hard surface= fractured skull
        • Judge:"D must have realised when he threw the child that there was substantial risk that he would cause serious injury
        • Jury convicted him of murder and rejected the defence of provocation
        • Appealed: 'substantial risk' widened the definition of murder'
        • HoL Held: Murder conviction replaced with manslaughter
      • Nedrick (1986)
        • A child died in the fire
        • Appellant held grudge against Viola Foreshore- went to her house in the night, poured paraffin through letterbox and set fire to it
        • Judge directed jury: when he set fire to house he knew there was great risk of serious bodily injury to someone in the house
        • Jury convicted of murder


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