Murder:Homicide

What is the 17th century definition of Murder?

"The unlawful killing of a reasonable person in being and under the Queen's peace, with malice aforethought, express or implied the death following within 3 years."

What test is used to show the defendant is guilty of causation in fact & case?

The 'but for' test is used.

Case: R v. Pagett

What is the two-part test used to causation in law to prove the defendant is guilty?

(i) was the defendants act more than a minimal cause.

(ii) was there a new intervening act/event which broke the chain of causation.

Relevent cases that go along for the two-part test, for causation in law?

R v. Smith

R v. Blaue

R v. Holland

What does the phrase Malice Aforethought Express mean?

The intention to kill!

What does the phrase Malice Aforethought Implied mean?

The intention to cause GBH.

In which case was it made clear that an intention to cause GBH was sufficient to the mens rea?

R v. Vickers

How do you know when the intention of the mens rea is direct?

Direct is simple, it's where its obvious from the facts the defendant intended the end result.

Name two cases that go along wth indirect intention.

R v. Woolin

R v. Matthews & Alleyne