Exam (elaborations)
Murder Structure
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This is the structure of murder for the exam. You can memorize this easily as it is a detailed summary. It contains all the important cases that you can apply to the exam.
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Law: unit 3-Learning aim A & B : HomicideMurder, Voluntary Manslaughter, Invountary
Manslaughter, Corporate Manslaughter
Murder:
The unlawful killing of another human being with malice
aforethought.
Most serious murders carry a life sentence conviction which is most of the time 14 years.
Unlawful killing:
Unlawful killing is causing someone's death unless it was self-defense or involved killing an
enemy in a war. It is necessary to prove that D’s acts or omissions caused V’s death. Death
must occur meaning the heart is not beating anymore or the brain stopped working intending to
look at brain-stem death. A person kept in a vegetative state is considered still alive.
Apply to the scenario:
Human being: Rerum Natura
A person has to be born fully to be murdered. A case example is A-G Ref No.3 1994 (1997),
where D stabbed his pregnant girlfriend in the face, abdomen, and back. 17 days after the
incident the woman went into premature labor. The baby died 121 days later due to premature
birth. On the death of the baby, D was charged with murder and manslaughter. The trial judge
held that he could not be convicted of murder or manslaughter since the fetus was not a human
being.
Apply to the scenario:
Under’s Queen’s peace:
Killing someone at queen’s peace when there is no war. Killing enemy soldiers is not murder,
the murder of a prisoner of war is.
Apply to the scenario:
In any country of realm:
, If the crime (murder or manslaughter) is committed aboard by a British citizen they will have
their trial in England.
Apply to the scenario:
Factual causation:
Factual causation, satisfied by the but-for test, if it wasn’t what the defendant did the victim
would have survived. If the main causation was not the defendant it is not established.
White v R (1910) -The defendant put some poison in his mother's milk to kill her. Medical
reports revealed that she died from a heart attack and not the poison. The defendant was not
liable for her murder as his act of poisoning the milk was not the cause of death.
Apply to the scenario:
Legal causation:
Legal causation looks at facts and blames considering the D’s contribution. Known as ‘de
minimum principle’. The D’s action needs to be the cause of death but must be a cause.
Defendants must contribute to death.
Kimsey (1986) -Kimsey (K) and Osbourne (O) were driving at high speeds in an extremely
close convoy. Whilst doing so, there was an accident in which O's car clipped a verge and spun
out of control, collided with the side of K's car, and went into the path of oncoming traffic.
Apply to the scenario:
Medical Profession:
V’s wounds have healed by the time of death, it was held the defendant’s act has to be a
significant cause of death not necessarily the main cause.
Cheshire 1991- D shot a man during an argument.V was taken to hospital to have surgery and
shortly after developed respiratory issues. The doctors inserted a tracheostomy tube, which
remained in place for four weeks.Days later the victim complained of respiratory issues and he
died shortly afterward. The post-mortem found that the victim’s windpipe had narrowed near the
location where the tracheotomy pipe had been inserted. Cheshire was subsequently charged
with murder and convicted. The decision was appealed.
V’s wounds have NOT healed at the time of death if the injury is an operating and important
cause at the time of death and the defendant will still be the cause.
R v Smith [1959]-The defendant, a soldier, got in a fight at an army barracks and stabbed
another soldier. The soldier died. The defendant was convicted of murder and appealed
contending that if the victim had received the correct medical treatment he would not have died.
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