Coke’s Definition of Murder Any man þ of the age of discretion (over the age of 10) þ and of sound memory (sane) ☐ who unlawfully (not in self-‐defense for example) þ causes þ within a year and a day (abolished by s.9AA) þ the death þ of a reasonable creature in being (born alive) þ within the kings peace (territoriality and war) þ With malice aforethought (mens rea or intention) commits murder.
Outline of a Murder Charge
1. Burden of Proof 2. Criminal Responsibility 3. Elements: set out in Coke’s definition Actus Reus a) Voluntary Conduct b) Causation c) Death + any other relevant factors Mens Rea d) intention/recklessness/constructive? 4. Temporal Coincidence 5. Defences a) Self defence? Defensive homicide?
Causation • • •
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The concept þ Factual Causation þ Legal Causation w Substantial and Operating Test þ w Reasonable Foreseeability Test/Natural Consequences þ Novus Actus Interveniens þ Complications to the NAI rule w Medical Treatment þ w Egg Shell Skull Rule þ
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First part of actus reus Assume in mid semester it will be a substantial part of the problem It must be established that the accused’s act or omission (where a there was a duty) caused the death of the victim. If the defendant did not cause the harm, he is not guilty of the offence. Causation has two steps: factual and legal (novus actus)
1. Are you satisfied there is FACTUAL Causation? • • •
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Must be established using the ‘but for’ test. Must be voluntary conduct ‘would the victim be dead but for the voluntary act (or omission) of the accused?’ If yes, then the accused has caused the factual death Wide test If no, there also needs to satisfy legal causation
2. Prove LEGAL Causation by selecting an appropriate test and establishing it BRD •
Whether the ‘but for’ act (or omission) was ‘causally responsible’ for death
*Substantial & Operating Cause test Smith o when there is more than 1 cause o Jordan case is an exception – so badly medically negligent (never followed though for public policy reasons) *Reasonable Foreseeability test Royall (use for an escape) Natural Consequences test • Judges advise the jury of which test-‐ 99% of cases you assume causation in real life due to forensic evidence