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Summary Criminal Law. Murder
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The offence of Murder within the scope of english criminal law and with the proper and relevant case law. Color coding: Orange: title / subtitles Pink: very important Yellow: legislation (includes case law and acts of Parliament) Green: important

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  • February 14, 2023
  • 2
  • 2022/2023
  • Summary

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Criminal Law: Chapter 9



MURDER
KEY POINTS

Murder the most serious type of crime

Key distinction between manslaughter and murder INTENTION OF D

ACTUS REUS OF MURDER

AG’S REF (Nº3 OF 1994) (1997) Malice cannot be transferred twice

VO V FRACE An unwanted abortion. Held that the embryo has no human rights until it is born

RE A (CONJOINED TWINS) (2001) Held that, if a body breathes, no matter how injured that body is, it
is a human being

AR Causing the death of another person

UNLAWFULLY

´Unlawfulness` absence of a valid defense

The consent of the victim does not provide a defense for murder.

CAUSING A DEATH

Shown that D caused V’s death.

THE MENS REA OF MURDER

MR of murder MALICE AFORETHOUGH

MR Intention to kill or cause GBH to V

CUNNINGHAM (1982) DEFINITION OF INTENTION TO KILL OR CAUSE GBH

D struck another man several blows on the head with a heavy chair in an unprovoked attack motivated by
sexual jealousy. V died as a result of a fracture in the skull. Charged with murder, D tried to deny an intention
to kill. Held that there was intention to cause GBH

The prosecution must show beyond reasonable doubt that D intended to kill or cause GBH

WHAT IS GBH?

SMITH V DPP (1961) An injury may amount to GBH even though it does not endanger a person’s life

AG’S REF (Nº3 OF 1994) (1997) RULE THAT GBH IS ENOUGH FOR MR OF MURDER

WHEN CONSIDERING INTENTION

1) Was there direct intent? (i.e., Did D aim to kill or cause GBH?)

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