(Consider the laws on causation for the AR - is there a clear link between the defendant's actions and the consequence (i.e. the death)?)
Express malice aforethought is the intention to kill.
Implied malice aforethought is the intention to cause GBH/serious harm.
R vs. Vickers told us that a defendant doesn't need to intend to kill in order to be guilty of murder - the intention to cause GBH will suffice. R vs. Cunningham approved this decision.
Direct and indirect intention is applied to both levels of the MR.
Direct intention will consider whether it was the D's aim/purpose (R vs. Mohan) to kill/cause GBH.
Indirect intention will consider whether the killing/GBH was a "virtual certainty" (R vs. Woollin) given the D's actions and whether the D was aware of this.
Comments
No comments have yet been made