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Coke 3 Inst 47
The reference for the definition of murder.
R v Malcherek and Steel
In this case, it was established that brain dead persons are already dead, and that turning off a life support machine does not constitute a novus actus interveniens.
A.G. Reference 3 of 1994
An unborn baby is not a reasonable creature in rerum natura (human in being), and therefore the killing of it will not be murder.
R v Vickers
In this case, it was established that the mens rea for murder is either intent to cause death (express) or intent to cause really serious harm (implied).
R v Maloney
Lord Bridge stated that it was possible to intend a result that one did not want. Appeal established that foresight is merely evident of intention- up to jury.
R v Hancock and Shankland
A slight risk of death is not enough to infer intention. Lord Scarman stated that the greater the probability that death or GBH would occur; the more likely that intention could be inferred.
R v Nedrick
Established that where direct intention is not present the ‘virtual certainty test’ test should be put to the jury. Said a jury should return a verdict of murder only where they find that the D saw death or serious injury as a virtually certain consequence of his or her voluntary actions.
R v Woolin
Confirmed the Nedrick test and that it must always be used when dealing with situations of indirect intent.
R v Matthews and Alleyne
Stated that this foresight in Nedrick/Woolin is only evident of intention. (The jury may find it irresistible to conclude that…)
