LAW1114 Lecture Notes - Lecture 10: Voluntary Manslaughter, Gangrene, Malice Aforethought
Document Summary
Intention to cause gbh; (including transferred malice) or. Constructive murder per s. 3a of the crimes act; or. Intention to kill/gbh (i) it is murder if d does a voluntary act causing death whilst he subjectively has the intention to kill. Stabbing, punching and if v is rendered unconscious: meyers v r (1997) Holding a pillow over vs head to stop v screaming: r v rhodes (1984) R v saunders and archer (1577) 2 plowd 473. Facts: a poisoned an apple and gave it to his wife to eat. The wife took a bite, then gave it to the child to finish. A, not wanting to arouse suspicion, did not take action to save the child. Held: intent to murder transferred from poison apple directed at wife to child. Ag-reference (no 3 of 1994) [1988] ac 245. Facts: d stabbed mother who was 24 weeks pregnant. The baby was delivered alive but died 17 days due to prematurity complications.
