- Mandatory Life Sentence
- Triable in CC only as indictable 1. “Malice aforethought
- Common Law offence express or implied”. Aka
intent to kill or cause GBH
(R v Vickers). GBH is really
Definition: lord edward coke "unlawful killing
of a reasonable creature under the king’s
Murder serious harm (R v Janjua and
Choudury)
peace with malice aforethought express or
implied" (as writ in Institutes of the Lawes of
England 1797) AR - “The unlawful killing
of a reasonable creature
Mens Rea Direct (aim or purpose
under the king’s peace”
is the killing) and
oblique (a virtual
Actus Reus Unlawful – A lack of ‘wicked certainty this is
or evil’ motive doesn’t foreseen) intention for
preclude actions (R v Clegg). murder or GBH.
Killing – Act of killing can
be an Act or Omission.
Reasonable creature = Question is of when
they are considered a reasonable creature
(AG-Ref No3 of 1994) Causation - break in the chain of causation.
Death – Test is
‘brain stem death’ -But for (R v White).
as established by R
v Inglis and seen in -De minimus = ‘more than minimally, negligibly or trivially
R v Malcherek and contributed to the death’ (Lord Wolf in R v Inner South London
coroner, ex parte Douglas-Williams)
Steel.
- Novus Actus Intervenions - a break in the chain of causation
1. 3rd party - e.g. Medical negligence rarely breaks COCis so
independent and so potent that it makes the defendant’s act
insignificant(R v Smith)
2. Victim Act - must be undertaken freely (R v Kennedy)
3.Think Skull Rule - take the victim as he finds them(R v Blaue -
what is the operating cause of death)
- Triable in CC only as indictable 1. “Malice aforethought
- Common Law offence express or implied”. Aka
intent to kill or cause GBH
(R v Vickers). GBH is really
Definition: lord edward coke "unlawful killing
of a reasonable creature under the king’s
Murder serious harm (R v Janjua and
Choudury)
peace with malice aforethought express or
implied" (as writ in Institutes of the Lawes of
England 1797) AR - “The unlawful killing
of a reasonable creature
Mens Rea Direct (aim or purpose
under the king’s peace”
is the killing) and
oblique (a virtual
Actus Reus Unlawful – A lack of ‘wicked certainty this is
or evil’ motive doesn’t foreseen) intention for
preclude actions (R v Clegg). murder or GBH.
Killing – Act of killing can
be an Act or Omission.
Reasonable creature = Question is of when
they are considered a reasonable creature
(AG-Ref No3 of 1994) Causation - break in the chain of causation.
Death – Test is
‘brain stem death’ -But for (R v White).
as established by R
v Inglis and seen in -De minimus = ‘more than minimally, negligibly or trivially
R v Malcherek and contributed to the death’ (Lord Wolf in R v Inner South London
coroner, ex parte Douglas-Williams)
Steel.
- Novus Actus Intervenions - a break in the chain of causation
1. 3rd party - e.g. Medical negligence rarely breaks COCis so
independent and so potent that it makes the defendant’s act
insignificant(R v Smith)
2. Victim Act - must be undertaken freely (R v Kennedy)
3.Think Skull Rule - take the victim as he finds them(R v Blaue -
what is the operating cause of death)
