MURDER

• How to describe and apply murder in a scenario style A level question.

Identify the offence of murder

•Murder is the unlawful killing of a person in being within the Queen’s peace with malice aforethought. •Murder is a common law offence

with a mandatory life sentence if found guilty.

Define/describe the actus reus and the mens rea

• ‘A person in being’ is neither a feotus (A-G’s ref no.3 of 1994) nor a person who is brain dead ( R v Malcherek).

• ‘Under the queen’s peace’ means that killing an enemy in wartime is not murder however a royal marine who killed a wounded prisoner was found guilty of murder ( see case of Sgt Alex Blackman).

• The mens rea is m_________ a___________• This means either intent to _____ or intent to do_____ ( R v

V_________) intent can be either direct or indirect oblique intent. Direct in the case of Mohan is a decision by the defendant to bring about the outcome. Indirect is assessed by a two part test established in the cases of (Nedrick, where a man set fire to a house and a child died in the fire) and (Woollin, where a man caused the death of his baby by throwing it towards a pram). Indirect intent is where the outcome is a virtual certainty, and the defendant knows this. IN Matthews & Alleyne it was said Indirect intent is only evidence for the existence of intent but is not intent itself.

Application of ‘unlawful killing…’ murder ACTUS REUS

• V is a person in being and this killing is not in wartime.• ‘But for’ D pushing V at the top of the stairs she would

not have fallen and broken her neck and died. • “BUT for (White / Pagett) …….. Intervening act… blah

blah blah action of victim blah blah blah not reasonable and proportionate etc (Roberts / William & Davies) --- OR doctor was negligent BUT acts of D still the operative and substantial cause blah, blah (Smith / Jordan) OR had a rare condition blah, blah, (R v Blaue) OR switching off life support (Malcherek, Airedale NHS Trust v Bland) blah blah blah…… DIED”

Application of ‘malice aforethought’ MENS REA

• D had direct intent because killing him/her was his/her purpose or aim (Mohan).. We know D wanted to kill her because it was D’’s aim..… OR it is a virtual certainty she would die from his actions and he knew that…. (Nedrick / Woollin)

• D had direct intent to do GBH, it was his/her purpose because…… OR s/he had indirect (oblique)intent to do GBH because…. [ eg tripping someone at the top of a staircase and causing them to fall]… is virtually certain to cause really serious harm (GBH) and he would have known this (Nedrick, Woollin).