LAW 03 Murder

Explain

Murder is a common law offence
Modified by Lord Taylor
The unlawful killing of a human being under the Queen's Peace with malice aforethought, express or implied

1 of 9

Unlawful killing of a human being under the Queen's Peace
Usually a Positive Voluntary Act eg. shooting or stabbing
Can be an omission if a duty exists and the mens rea is present eg in Gibbons and Procter

2 of 9

3 of 9

4 of 9

5 of 9

Death must have been caused by the act of the Defendant
Factual causation from R v White - but for
Legal causation from R v Pagett - More than a minimal cause
Chain of causation must always remain intact so no intervening act must occur between the event and the death
Medical treatment usually doesnt break the chain - In Smith and Cheshire the original wound was still the operating cause of death
In R v Jordan - only if treatment was palpably wrong
VOA must be foreseeable as in Roberts and not daft as in Williams
Eggshell Skull as in Blaue

6 of 9

7 of 9

8 of 9

Direct intention - Killing is the D's aim, purpose and objective as in Mohen
Oblique intention - If killing was a virtually certain consequence of achieving some other purpose and the D saw it was virtually certain
Nedrick - D must have realised that his actions were virtually certain to lead to death or serious injury - from this the jury can infer whether he has intention
Woollin backed this up
Matthews and Allayne said that this was an evidential test and not substantive law

9 of 9