Murder
- Created by: Ajtree
- Created on: 18-05-23 20:12
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- Murder
- common law offence carrying a mandatory life sentence
- Defined by Lord Coke as;
- The unlawful killing of a human being under the queens peace with malice aforethought either express or implied by law
- AR
- a) unlawful killing
- can be a positive act or an omission (if by omission, there was a duty in law to act - Gibbins & Proctor)
- a killing can be lawful (turning off life support - Malcharek OR killing one in order to save another - Re A)
- can be a positive act or an omission (if by omission, there was a duty in law to act - Gibbins & Proctor)
- b) Human Being
- AG's Ref No.3 1994
- c) Queens Peace
- Page
- d) Causation
- Factual; 'But for' ds actions, V would not have died
- White
- Legal; Ds actions were a more than minimal cause
- Smith
- if relevant: D must take v as he finds him (Blaue), V's own actions do not break the chain if they were reasonable (Roberts)
- CONT. third parties do not break the chain if Vs wounds are an operating and substantial cause of death (Smith)
- CONT. Medical negligence will not break the chain unless it's 'extraordinary and unusual' (Cheshire)
- CONT. third parties do not break the chain if Vs wounds are an operating and substantial cause of death (Smith)
- Factual; 'But for' ds actions, V would not have died
- a) unlawful killing
- MR
- Express malice - D intends to kill
- Direct intent - desires Vs death
- Mohan
- Oblique intent - Vs death is a virtual certainty and D realises this
- Woollin
- Direct intent - desires Vs death
- Implied malice - D intends to cause GBH (DPP v Smith) and V dies (Vickers)
- Express malice - D intends to kill
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