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The scales of justice on a plain background

Seisay and Siaffa v Reginam

1960s · Court of Appeal of Sierra Leone

Posted By lanbuk.com

Facts
Death followed an illegal operation carried out by the accused.
Issue
Was the killing murder or manslaughter?
Held
It is murder if the accused contemplated, or as reasonable men must have contemplated, that death or grievous bodily harm was likely; if the act merely risked some lesser harm, it is manslaughter.
Principle
requires intent to kill or cause GBH, or knowledge that death or GBH is probable.
Why it matters
Explains the line between murder and manslaughter where death follows a dangerous act.

Words and Latin in this note

Malice aforethought
The mental element of murder: an intention to kill, or an intention to cause grievous bodily harm. It need not be planned in advance. Open the note.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.