Murder and Manslaughter Summary
Murder Definition - ‘the unlawful killing of a reasonable creature in being under the Queen’s
peace with malice aforethought, express or implied’
‘Unlawful killing’ Definition - The defendant must have caused the death without any legal
permission to do so
Legal permission to kill - Self defence + cases such as Re A
Re A - Doctors were granted legal permission to separate conjoined twins, which would
cause death of one of them
Gibbins v Proctor - Example of murder by omission due to a duty because of a relationship
R v Stone and Dobinson - This is an example of a duty which has been taken voluntarily
‘Reasonable person in being’ Definition - This refers to the victim as being human, can
not be brain dead or a foetus
Attorney General’s Reference No.3 of 1994 - example of the foetus not being a ‘reasonable
creature in being’
R v Malcherek and Steel - Example of inability to murder someone who is brain dead
‘Under the Queen’s Peace’ Definition - D can not be found guilty of murder if they kill an
enemy during war
R v Page - killed someone while OFF duty in war (was guilty as he was under the Queen’s
peace)
R v Clegg - Another example of under the Queen’s peace
Malice Aforethought Definition - Intention to cause harm
Express Malice - Intention to kill
Implied Malice - Intention to cause GBH
R v Moloney - D shot his father, convicted of manslaughter as intention was not established
Intention Definition - Lord Bridge decided that intention could only be inferred if (1) death or
serious injury was a natural consequence of the act (2) D foresaw that consequence as
being a natural consequence of the act
Oblique intention - (1) was the death was a virtual certainty (2) was this known by the
defendant
R v Woolin - man threw baby across the room, example of oblique intent
Murder Definition - ‘the unlawful killing of a reasonable creature in being under the Queen’s
peace with malice aforethought, express or implied’
‘Unlawful killing’ Definition - The defendant must have caused the death without any legal
permission to do so
Legal permission to kill - Self defence + cases such as Re A
Re A - Doctors were granted legal permission to separate conjoined twins, which would
cause death of one of them
Gibbins v Proctor - Example of murder by omission due to a duty because of a relationship
R v Stone and Dobinson - This is an example of a duty which has been taken voluntarily
‘Reasonable person in being’ Definition - This refers to the victim as being human, can
not be brain dead or a foetus
Attorney General’s Reference No.3 of 1994 - example of the foetus not being a ‘reasonable
creature in being’
R v Malcherek and Steel - Example of inability to murder someone who is brain dead
‘Under the Queen’s Peace’ Definition - D can not be found guilty of murder if they kill an
enemy during war
R v Page - killed someone while OFF duty in war (was guilty as he was under the Queen’s
peace)
R v Clegg - Another example of under the Queen’s peace
Malice Aforethought Definition - Intention to cause harm
Express Malice - Intention to kill
Implied Malice - Intention to cause GBH
R v Moloney - D shot his father, convicted of manslaughter as intention was not established
Intention Definition - Lord Bridge decided that intention could only be inferred if (1) death or
serious injury was a natural consequence of the act (2) D foresaw that consequence as
being a natural consequence of the act
Oblique intention - (1) was the death was a virtual certainty (2) was this known by the
defendant
R v Woolin - man threw baby across the room, example of oblique intent
