The original version of this flowchart was created by ''JT''.
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It is not Murder
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NO
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Is there a dead body?
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YES
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It could be Murder
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Actus Reus: Factual Causation :
Did the act (or omission) of the defendant cause death in fact? (Following the 'But For' Test)
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NO
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It is not Murder
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YES
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The Defendant is not liable for murder
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NO
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Actus Reus:
If the intervening act is an omission, was there a special relationship which made the defendant liable for murder?
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YES
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Actus Reus:
Is there an intervening act which might break the chain of causation?
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YES
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Actus Reus: Legal Causation:
Was the defendant's act significant enough for legal causation?
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NO
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It is not Murder
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YES
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NO
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It is not Murder
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NO
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The Victim:
Was the victim a 'reasonable creature in being' under Rerum Natura?
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YES
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The Victim:
Did the victim have a special condition?
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YES
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The Victim:
Even if the victim does have a special condition, it is not relevant under the 'Thin Skull Rule'
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NO
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The Defendant may not be guilty of murder
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NO
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Mens Rea:
Was the death a natural and probable consequence of the defendant's act?
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NO
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Mens Rea: Did the Defendant intend to cause Gross Bodily Harm?
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NO
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Mens Rea:
Did the Defendant intend to kill the Victim?
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NO
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Mens Rea: Did the Defendant intend to kill someone else?
If so, Transferred Malice Applies
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YES
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YES
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YES
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YES
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The Defendant may not be guilty of murder
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NO
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Mens Rea: Did the Defendant foresee that death was the natural and probable cause of death?
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It could be an example of murder
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YES
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Coincidence of Mens Rea and Actus Reus: Did the Defendant have the Mens Rea at the moment of the attack?
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NO
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Was the attack part of a sequence of events which could be taken together for the purpose of Mens Re and Actus Reus?
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YES
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YES
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Defense: Consider what defenses are available when considering the above facts.
Check Coke's Definition of Murder to make sure that the evidence suits the defense.
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Flowchart: Guilty or Not Guilty of Murder?
