- Created by: rachel
- Created on: 11-06-14 18:16
Unlawful killing with malice aforethought.
Actus Reus- Unlawful killing under the Queen's peace of a reasonable creature in being.
Can be through omission- Stone and Dobinson (voluntary) , Gibbons and Proctor (relationship).
AG's Ref (no 3 of 1994)- A foetus becomes a human being when it is expelled of it's mother, and capable of independent existance.
Clegg- not in wartime situation.
Malcharek- Switching off live support machine of a patient who is brain dead does not break chain of causation. Brain death = death.
Airedale Trust v Bland- May withdraw life-sustaining treatment if in patients best interest to do so, and the courts have agreed.
Must prove causation.
Express- Intention to kill. Implied- Intention to cause GBH.
Implied- Vickers- GBH intention is sufficient for murder. Lord Goddard- If D has such disregard for V's life, he will only live/die by chance. DPP V Smith- GBH is 'really serious harm'.
Express intention- Direct or Indirect- Mohan/Woollin.
Implied intention- Direct or Indirect- Mohan/Woollin.
Matthews and Alleyne- foreseeing death/GBH is not intention in itself, it is just included in the evidence from which intention can be found. All elements must be looked at.