The unlawful killing of a human being under the Queen's Peace with malice aforethought expressed or implied. - Sir Edward Coke
1 of 13
Malice aforethought
Specific intention to kill or cause GBH
2 of 13
Maloney
Defendant aims to kill
3 of 13
Vickers (confirmed in Cunningham)
Defendant aims to cause GBH
4 of 13
Mohan
Direct intention - 'aim or purpose'
5 of 13
Woolin
Oblique intention - 'virtual certainty
6 of 13
s8 Criminal Justice Act 1967
States that the jury can choose whether or not evidence of oblique intention should suffice for mens rea. They are not required to find mens rea in oblique intention
7 of 13
Hyam
If oblique intent, defendant must have foreseen death as 'probable'
8 of 13
Causation in fact
But for test - Cato (more than a slight or trifling link), Paggett, White
9 of 13
Thin skull principle
Blaue
10 of 13
Factual causation
Smith - Operating and substantial cause, Cheshire - significant contribution to end result
11 of 13
Novus actus interviniens
Roberts - foreseeable, Williams - not foreseeable, Jordan, Blaue (medical treatment)
12 of 13
Omissions
Pittwood, Gibbons v Proctore, Stone v Dobinson, Naughten, Miller
Comments
No comments have yet been made