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Detailed Summary for Murder
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Delve into the intricacies of murder law with our concise study summary. Perfect for A-level students, this summary provides essential insights into murder offences, including key definitions, case examples, and legal principles. Enhance your understanding and ace your exams with this essential res...

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  • June 29, 2024
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  • 2023/2024
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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.

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