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
Unlawul !illin"

Some killings may be lawful

EG self defence or in prevention of crime

Also some may be authorised

EG War
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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

f ! has duty to the other person then actus reus may be

present

EG "elationship # Stone v !obinson $%&''() *ooking

after a child or elderly relative) duty arising from
accidental creation # Miller $%&+,(
$
Murder - Actus
Reus
Homicide
The Law Bank
% reasonable creature in bein"

-oetuses and brain dead at two e.tremes

-oetus # only in being when e.pelled from

mother/s body) no decision yet on umbilical cord

f in0ured inside) survives until born then dies 1

liability AGs Reference (No. 3 of 1994) (1997)

$2erdict likely to be manslaughter though(3

&
Murder - Actus
Reus
Homicide
The Law Bank
'
Attorney-General's Reference (No.3 of 1994) [1996]
HL
Mr!er " actus reus - transferre! #al$ce etc
( stabbed child)s mother whilst *re"nant+ -hild lived or onl. 121
da.s+ Her *remature birth was caused b. the injuries that her
mother received when the deendant stabbed her+ On his own
admission ( intended to cause the woman "rievous bodil. harm+
/o the mens rea or murder was *resent0 i the death o the mother
had been the result o his act1

Hel!1 2here a child is born alive0 and dies later rom injuries
in3icted while in utero+ - Mr!er " No%Mansla&'ter - (es.
4 the child dies because o injur. to the mother rather than injur.
to the oetus
Mr!er " No%Mansla&'ter " No

( could be "uilt. o manslau"hter0 but not murder 5no intent

towards the child6+
Murder - Actus
Reus
Homicide
The Law Bank
% reasonable creature in bein"

!octors can switch off life support machines

f do they are not liable

4herefore brain dead is not a reasonable

creature in being

Malcherek and Steel $%&+%( confirm this point

7
Murder - Actus
Reus
Homicide
The Law Bank
8
R ) Malc'ere* + ,teel- [19.1] /A
Mr!er " actus reus -case of !eat' #st 0e o1erat$n& an!
s0stant$al
( stabbed his wie who was taken to hos*ital and *ut on a lie
su**ort machine+ /he su9ered two heart ailures and ater ten
da.s had irretrievable brain dama"e+ The doctors switched o9 the
machine+

Hel!1 The doctors) decision did not break the chain o causation:
()s act could be re"arded as the cause o ;)s death+

G$lty #r!er
Murder - Actus
Reus
Homicide
The Law Bank
-ausation

5overed e.tensively in lesson on causation

6eed to prove direct and unbroken link between

!/s act and criminal conse7uence

-actual and legal causation re7uired

-actual # death would not have happened but for

conduct of !

*egal # operating and substantial cause

f chain of causation broken no liability for

homicide
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Murder - Actus
Reus
Homicide
The Law Bank
%ctivit.
8sing 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 cases9 Give reasons for your opinions3
Arnold and Bert are steeple0acks3 :igh 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 wife3
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 3
5heryl has agreed to look after her aged uncle !ennis3 :e is dependent on various
prescription drugs) but 5heryl) tired of the responsibility towards him) deliberately fails
to get them for him3 As a result of this) he dies3
Eric) during the course of an argument) stabs his pregnant girlfriend3 She recovers) but
gives birth to their child prematurely3 As a result of the premature birth) the child dies
shortly afterwards3
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
11