Homicide: Intention and Grievous Bodily Harm (GBH)

Actus Reus (AR): Unlawful Killing

• The actus reus of homicide is the unlawful killing of another person.

Mens Rea (MR): Intention to Kill or Cause GBH

• The mens rea required for murder can be either:

1. Intention to Kill: The defendant aims to cause death.

2. Intention to Cause GBH (Grievous Bodily Harm): The defendant intends to cause serious injury, and this is sufficient for a murder conviction.

A Person

• Definition: The victim of homicide must be a person as defined by law.

◦ Human Life Begins: Legally, human life begins at birth.

◦ Human Life Ends: Human life is considered to end when a person is declared 'brain dead.’

King’s Peace

• Definition: The principle that killing an enemy in the course of war does not constitute murder under domestic law.

Sentencing

• Murder Conviction: Murder is punishable by life imprisonment.

1. First Phase: Determination of a minimum term before eligibility for release.

2. Second Phase: Consideration for parole.

3. Third Phase: Potential release on license, where the individual remains under supervision for the rest of their life.

‘Serious’ Harm

• Definition: Grievous Bodily Harm (GBH) refers to serious injury but does not necessarily need to be life-threatening.

◦ Meaning: GBH should be interpreted with its 'ordinary and natural' meaning, as determined by the jury.

Key Cases

1. R v Vickers (1957)

◦ Facts: D, a burglar, hit an elderly lady (V) and admitted intending to cause GBH.

◦ Court: Court of Appeal (CoA) held that intent to cause GBH is sufficient for a murder conviction.

2. R v Cunningham (1982)

◦ Facts: D hit V with a chair, resulting in V's death.

◦ Court: House of Lords (HoL) convicted D of murder. It was determined that intention to cause GBH suffices as the mens rea for murder without needing to show an intention for life-threatening harm.

3. R v Bollom (2004)

◦ Facts: D was convicted of GBH for injuries inflicted on a young girl, involving various bruises after dropping the baby.

◦ Court: Appeal allowed. The court held that the jury should consider the characteristics of the victim (V) when assessing GBH. The conviction was reduced to Actual Bodily Harm (ABH) rather than GBH. This case expanded the scope of GBH in murder by considering the victim's personal characteristics.

French Law

• Definition of Serious Harm: In French law, serious harm is defined as an injury requiring at least 20 days off work. Common law lacks a precise definition of serious harm.

What is Intention?

1. Desire/Belief: Intention involves a desire to kill or cause serious harm and a belief that the defendant’s actions will achieve this result.

2. Foresight of Virtual Certainty: Intention can also be established if the defendant foresaw that death or serious harm was virtually certain to result from their actions.