Fatal Offences – Murder
Homicide Act 1957
Defined as: The unlawful killing1 of a reasonable creature in being2 under the king’s peace3
with malice aforethought express or implied4.
1 Unlawful Killing: Actus Reus
Killing through an Act
Martin – shooting two boys on his land (claims to be in self-defence not held)
Killing through an Omission
Stone v Dobinson – owed a duty of care and breached this duty resulting in the death of the
young girl.
2 A reasonable creature in being: Actus Reus
Independent of its mother
Attorney General Reference No3 1994 – stabbed whilst pregnant, not murder of the child.
Not brain stem dead
R v Malcharek and Steele – brain stem displayed no activity and so life support was turned
off
3 Under the King’s Peace: Actus Reus
Not killing an enemy or in wartime
Clegg – whilst stationed in Northern Ireland killed a ‘Joyrider’.
Causation
The act or omission (failure to act) must result in death
Factual Causation – But for the defendant's actions the death would not have occurred
Pagett – ‘But for’ using the girl as a human shield she would not have died
R v White – ‘But for’ the poison in the mother's cup, she would have still had a heart attack
and died
Legal Causation – The defendant must be the operative and substantial cause of death with no
new or intervening acts to break the chain of events.
Smith – A soldier was stabbed, dropped twice and given the wrong treatment, but the stab
wound is the main cause of death.
Operating Cause – The defendant's actions need not be the sole or even main factor but it
must be more than minimal.
R v Benge – misread train timetable, and worker not moving far enough up the tracks
The act of a third party will generally break the chain of events unless the action is
foreseeable.
Homicide Act 1957
Defined as: The unlawful killing1 of a reasonable creature in being2 under the king’s peace3
with malice aforethought express or implied4.
1 Unlawful Killing: Actus Reus
Killing through an Act
Martin – shooting two boys on his land (claims to be in self-defence not held)
Killing through an Omission
Stone v Dobinson – owed a duty of care and breached this duty resulting in the death of the
young girl.
2 A reasonable creature in being: Actus Reus
Independent of its mother
Attorney General Reference No3 1994 – stabbed whilst pregnant, not murder of the child.
Not brain stem dead
R v Malcharek and Steele – brain stem displayed no activity and so life support was turned
off
3 Under the King’s Peace: Actus Reus
Not killing an enemy or in wartime
Clegg – whilst stationed in Northern Ireland killed a ‘Joyrider’.
Causation
The act or omission (failure to act) must result in death
Factual Causation – But for the defendant's actions the death would not have occurred
Pagett – ‘But for’ using the girl as a human shield she would not have died
R v White – ‘But for’ the poison in the mother's cup, she would have still had a heart attack
and died
Legal Causation – The defendant must be the operative and substantial cause of death with no
new or intervening acts to break the chain of events.
Smith – A soldier was stabbed, dropped twice and given the wrong treatment, but the stab
wound is the main cause of death.
Operating Cause – The defendant's actions need not be the sole or even main factor but it
must be more than minimal.
R v Benge – misread train timetable, and worker not moving far enough up the tracks
The act of a third party will generally break the chain of events unless the action is
foreseeable.
