Murder
Explaining Muder:
-Actus Reus
-Mens Rea
- Created by: Chloe Welch
- Created on: 08-10-12 11:53
Actus Reus of Murder
'Unlawful killing of a reasonable creature in being under the King or Queen's peace'
-Coke's Institue
-Actus Reus can be an Act or Omission but must cause the death of the victim
-Murder is a result crime.
-Defendent cannot be guilty unless his Acts or Omissions caused death
Omission as Actus Reus
General Rule: An Omission cannot be the Actus Reus of a crime.
5 Exceptions
-Contractual Duty - Pitwood
-Duty through Special Relationship (parent and child) - Gibbins and Proctor
-Voluntary Duty - Stone and Dobinson
-Set in motion a Chain of Events - Miller
-Duty through Official Position - Dytham
Should know these from AS
Reasonable Creature in Being
'Unlawful killing of a reasonable creature in being under the King or Queen's peace'
-Human being
This phrase doesn't normally cause difficulties apart from 2 areas
Foetus
Killing a Foetus is not muder
- Child has to have an 'existance independent of the mother' for it to be a 'reasonable creature'
Attorney-General's Reference (No.3 of 1994) (1997)
-House of Lords (HOL) stated that where the foetus is injured and the child is born alive then dies after due to injuries sustained, it can be charged under murder/manslaughter
Brain Dead
-Someone who is brain dead is not seen as a 'reasonable creature'
-Doctors are allowed to switch off life support machines without being liable for murder
-They have to carry out a number of tests to prove someone to be brain dead
-Malcherek
Year and a Day Rule
Old Rule
If the victim died within a year and a day from injuries sustained by the Defendant, then the Defendant was liable for murder
This was abolised under Law Reform Act 1996 due to Medical Advances such as Life Support, keeping victims alive for longer
New Law
If the victim dies from injuries sustained by the Defendant, even after a year and a day, the Defendant is still liable for murder.
Where it is more than 3 years after the attack, the consent of the Attorney-General is needed for the prosecution.
King or Queen's Peace
'Unlawful killing of a reasonable creature in being under the King or Queen's peace'
-Killing an enemy in the course of war is not murder
However
-Killing a prisioner of war may be murder
Causation
Need to prove:
-Factual Causation
-Legal Causation
-Intervening Acts
Factual Causation
Always start with Factual Causation
'But For' test - Pagett
'But for' D shooting V, V would not have died
Opposite situation is seen in the case of White
- D was not the Factual Cause of death
Legal Causation and Intervining Acts
Once you have satisfied Factual Causation, discuss Legal Causation
Must be a more than minimal cause but not a substantial cause - Cato
Thin Skull Rule - Take your victim as you find them - Blaue
Intervining Acts
-Act of a 3rd party
-Medical Treatment.
-Rarely breaks the chain of Causation (Cheshire,Smith)
-Unless Palpably wrong (Jordan)
-Victims Own Act
-Reasonably Foreseeable (Roberts)
-Not 'So Daft' (Williams)
-Natural, Unforeseen Event; eg; Hurricane
Mens Rea of Murder
'Malice aforethought express or implied'
Malice aforethought Express - Intent to Kill
Malice aforethought Implied - Intent to cause GBH (Vickers)
-DPP v Smith - GBH means really serious harm.
-Cunningham confirmed the decisions made by the Court Of Appeal in Vickers
Types of Intent
Direct Intent (also known as Purposive Intent) - meant to bring about the consequence
-Mohan
Oblique Intent - D did not mean to bring about the consequence but it was Virtually
Certain that it would happen - Woolin
Foresight of Consequence is evidence of intention - Moloney
Doctrine of Transferred Malice - There is still intent even when D gets the wrong
person in a crime
-Latimer
-Pembliton - must be human to human cannot be
human to object
Coincidence of Actus Reus and Mens Rea - Actus Reus and Mens Rea must be
present at the same time for an offence
to take place - Thabo Meli v R; Fagan
Related discussions on The Student Room
- LNAT Essay »
- Shouldn't Euthanasia be made freely available to all sick old people now? because »
- Importance of A level options. »
- Regarding a level law »
- HELP: GCSE History Edexcel Grade 9 Facts »
- Grow Your Grades: Michelle's version »
- 2023 King's Speech »
- Best books to read when studying Criminology and psychology? »
- Does anyone have Law a level essay writing techniques?? »
- AQA A Level Law Paper 1 26th May 2023 »
Comments
No comments have yet been made