MURDER

Mens rea of murder

KEY DEFINITION: Malice aforethought

Killing shall not amount to murder unless done with ... malice aforethought (s. 1,

566 (HL) as intention to kill (express malice) or cause GBH (implied malice).

There are three alternative mental states in relation to murder (see also Figure 6.2):
1 Direct intention to kill (express malice): causing death is the defendant’s main aim/
purpose.
2 Direct intention to cause GBH (implied malice): causing GBH is the defendant’s
purpose but death occurs as a result.
3 oblique intention to kill or cause GBH: the defendant had some other aim in mind
other than causing death or GBH but his actions rendered death or serious injury a
virtual certainty and he realised that this was the case.

Figure 6.2

Causing death is Dick’s primary

puts poison in her coffee. The

Direct intent he would achieve this as he used

reaction to the poison and dies
such a small amount of poison.
anyway.

to cause death. Oblique intention

Oblique intent
the virtual certainty test, taking into
escape unharmed. The blast kills all
account the size and location of the
Derek’s family.
bomb.

Delia’s primary purpose was not to

Delia wants her husband to spend
cause death neither was death a
more time with the family. She
virtually certain consequence of her
slices through a tendon in his leg IMPLIED MALICE
actions. She did intend to cause GBH
whilst he is asleep so that he will be Intention to cause GBH
so will be liable for murder even
too injured to leave the house. He
though the possibility of death arising
bleeds to death.
from her actions did not occur to her.

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attention to Woollin [1999] 1 Ac 82 (HL) (the current test for oblique intention).

Figure 6.3

Unlawful killing

mens rea for murder?

for murder

diminished responsibility?

(Chapter 7) (Chapter 8)

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