R v Vickers [1957]
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R v Vickers [1957] 3 WLR 326; [1957] 2 QB 664 is an English criminal law case establishing the mens rea (mental element) required for murder.
The appellant was involved in a burglary, and when confronted by the elderly house owner, he struck her multiple times to prevent recognition. Unfortunately, the woman died as a result of the injuries inflicted during the confrontation.
The appellant appealed his murder conviction, contending that he did not intend to kill the woman. He argued that, under Section 1(1) of the Homicide Act 1957, the killing should only be considered murder if done with the same malice aforethought as required for a non-felony-related murder.
The Court of Appeal upheld the murder conviction, asserting that the mens rea of murder involves the intention to either kill or cause grievous bodily harm. The court clarified that this mens rea standard was distinct from the abolished concept of constructive malice, which used to consider even minor violence during the commission of another felony offence as murder if the victim unexpectedly died.
The key precedent set by this case is that the mens rea of murder is satisfied by the intention to cause either death or grievous bodily harm.
The appellant was involved in a burglary, and when confronted by the elderly house owner, he struck her multiple times to prevent recognition. Unfortunately, the woman died as a result of the injuries inflicted during the confrontation.
The appellant appealed his murder conviction, contending that he did not intend to kill the woman. He argued that, under Section 1(1) of the Homicide Act 1957, the killing should only be considered murder if done with the same malice aforethought as required for a non-felony-related murder.
The Court of Appeal upheld the murder conviction, asserting that the mens rea of murder involves the intention to either kill or cause grievous bodily harm. The court clarified that this mens rea standard was distinct from the abolished concept of constructive malice, which used to consider even minor violence during the commission of another felony offence as murder if the victim unexpectedly died.
The key precedent set by this case is that the mens rea of murder is satisfied by the intention to cause either death or grievous bodily harm.