Unit 3 - Law

*  Murder: Murder is the unlawful killing of a reasonable creature in being under the queens peace with maliceaforethought

* Actus Reus: The actus reus of murder is a physical act (punching someone) or an omission      (contractual duty - Pittwood) which causes death

* Mens Rea: The mens rea for murder is maliceaforethought which comes in two types 'Express' or 'Implied'. 

Express Maliceaforethought = the intention to kill

Implied Maliceaforethought = the intention to cause GBH

The case of (Vickers) shows a defendant has the mens rea for murder if he has either of these intentions. This means a person can be found guilty of murder even though they did not intend to kill

* The second element of the actus reus requires the vitcim to be human. Therefore if a person kills a foetus they cant be charged with murder

* A foetus becomes a human being once it become seperated from its mother, and can function independently (take its own breathe). Then a foetus will be a reasonable creature in being. This was stated in A-G Reference No 3 1997

* BUT... The defendant will be found guilty of murder if the defendants actions resulted in the death once the child has left the womb, and would be classified as a reasonable creature in being. (Born alive but dies afterwards)

* A person who is consdiered brain dead, will not be classified as a reasonable creature in being. Doctors are allowed to switch off the life support machine without being liable for homocide, this does not break the chain of causation. The origional attacker will still be liable for murder. This was stated in (Malcherek 1981)

The prosecution must prove that the defendants conduct must be the 'Factual Cause' 'Legal Cause' and there are no intervening acts which break the chain

* Factual Causation = where the consequence would not have happened 'but for' the defendants actions (Pagett) (White)

* Legal Causation = There can be more than one act contributing to the consequence but defendant is still liable, if there actions were more than a minimal cause (Kimsey)

* There are no intervening acts which break the chain of causation. The chain of causation can be broken by:

1. The act of a third party.  2. Victims own act (Roberts) (Williams)  3. Natural/Unpredictable event

Medical Treatment can also break the chain of causation if their act is so independant that the defendants acts are insignificant. 

(Smith - origional attacker still liable)   (Cheshire - origional attacker still liable)  (Jordan - intervening act was independant which caused the death).