Murder - Actus Reus Homicide

The Law Bank

Homicide - Murder
Actus Reus
1
Murder - Actus Reus Homicide
The Law Bank
Objectives
Identify the actus reus of murder

Explain cases that illustrate the
actus reus of murder

Explain the rules and issues with
respect to causation and murder

2
Murder - Actus Reus Homicide
The Law Bank
Unlawful Killing
Some killings may be lawful

EG self defence or in prevention of crime

Also some may be authorised

EG War

3
Murder - Actus Reus Homicide
The Law Bank
Omissions
Most cases will present no problems
But death may be as a result of an omission or failure to
act
If D has duty to the other person then actus reus may be
present
EG Relationship Stone v Dobinson (1977), Looking
after a child or elderly relative, duty arising from
accidental creation Miller (1983)


4
Murder - Actus Reus Homicide
The Law Bank
A reasonable creature in being
Foetuses and brain dead at two extremes
Foetus only in being when expelled from
mothers body, no decision yet on umbilical cord
If injured inside, survives until born then dies =
liability AGs Reference (No. 3 of 1994) (1997)
(Verdict likely to be manslaughter though).

5
Murder - Actus Reus Homicide
The Law Bank
6
Attorney-General's Reference (No.3 of 1994) [1996] HL
Murder actus reus - transferred malice etc
D stabbed child's mother whilst pregnant. Child lived for only 121 days. Her
premature birth was caused by the injuries that her mother received when the
defendant stabbed her. On his own admission D intended to cause the woman
grievous bodily harm. So the mens rea for murder was present, if the death of the
mother had been the result of his act:

Held: Where a child is born alive, and dies later from injuries inflicted while in
utero. - Murder No/Manslaughter - Yes.
If the child dies because of injury to the mother rather than injury to the foetus
Murder No/Manslaughter No

D could be guilty of manslaughter, but not murder (no intent towards the child).

Murder - Actus Reus Homicide
The Law Bank
A reasonable creature in being
Doctors can switch off life support machines
If do they are not liable
Therefore brain dead is not a reasonable
creature in being
Malcherek and Steel (1981) confirm this point

7
Murder - Actus Reus Homicide
The Law Bank
8
R v Malcherek & Steel, [1981] CA
Murder actus reus -cause of death must be operating and substantial

D stabbed his wife who was taken to hospital and put on a life support
machine. She suffered two heart failures and after ten days had irretrievable brain
damage. The doctors switched off the machine.

Held: The doctors' decision did not break the chain of causation; D's act could be
regarded as the cause of V's death.

Guilty murder

Murder - Actus Reus Homicide
The Law Bank
Causation
Covered extensively in lesson on causation
Need to prove direct and unbroken link between
Ds act and criminal consequence
Factual and legal causation required
Factual death would not have happened but
for conduct of D
Legal operating and substantial cause
If chain of causation broken no liability for
homicide
9
Murder - Actus Reus Homicide
The Law Bank
Activity
Using only the material you have read so far in this chapter, do you think that the actus
reus of murder is present in the following cases? Give reasons for your opinions.

Arnold and Bert are steeplejacks. High up on a factory chimney, Bert pulls out a gun, points
it at Arnold, and says that he is going to kill him for having an affair with his wife. Arnold
lunges at Bert to knock the gun from his hand, and in doing so causes Bert to fall
backwards off the scaffolding to his death .

Cheryl has agreed to look after her aged uncle Dennis. He is dependent on various
prescription drugs, but Cheryl, tired of the responsibility towards him, deliberately fails to
get them for him. As a result of this, he dies.

Eric, during the course of an argument, stabs his pregnant girlfriend. She recovers, but
gives birth to their child prematurely. As a result of the premature birth, the child dies shortly
afterwards.
10
Murder - Actus Reus Homicide
The Law Bank
Objectives
Identify the actus reus of murder

Explain cases that illustrate the
actus reus of murder

Explain the rules and issues with
respect to causation and murder

11