Murder!

Murder

Subject to three exceptions (see Voluntary Manslaughter below) the crime of murder is committed, where a person:

·         of sound mind and discretion (i.e. sane);

·         unlawfully kills (i.e. not self-defence or other justified killing);

·         any reasonable creature (human being);

·         in being (born alive and breathing through its own lungs - Rance v Mid-Downs Health Authority (1991) 1 All ER 801 and AG Ref No 3 of 1994 (1997) 3 All ER 936;

·         under the Queen's Peace;

·         With intent to kill or cause grievous bodily harm (GBH).

The Actus reus of Murder is the voluntary and unlawful act or omission that causes the death of a human being under the Queens Peace. Sir Edward Coke

X has stabbed Y which resulted in him dying.
This was Voluntary (explain how). Make comparison with Hill V Baxter whereby the courts ruled that being attacked by a swarm of bees whilst driving thus causing the car to crash is totally involuntary.
Acts were not in self-defence so would be classed as unlawful
There was a death of a human being as _______ has existence independent from the mother (AG REF NO3 1994)
And was all under a real under the Queens peace.

CAUSATION
Apply ‘But for test’ BUT FOR X having Stabbed Y, Y would not have died - White

Legal causation

·         De Minimis rules – Was it more than a minimal act?

·         Significant contribution (Pagett)

·         Substantial/Operative cause (Smith/Cheshire)

THAT IS THE ACTUS REUS ELEMENT!

Mens rea is the intent to kill or cause GBH and must be done with malice aforethought – Vickers
Explain the two types of intention Direct and Oblique with reference to the cases of Mohan and Woollin
Apply to facts

Et Voila Prima facie Murder Established!