Nous partageons un article de l’excellent blogue Mack’s Criminal Law.
Le résumé se trouve ci-dessous.
Mulllings is a helpful decision in clarifying the law of constructive murder. This area of the law has seen some attention in recent years from the Court of Appeal and recent decisions, like Mullings, are very helpful. In particular, Mullings recognizes two important principles. First, the court recognizes that there does not need to be strict adherence to the « while committing language ». Confinements which occur contemporaneously to (even if after the fatal blow/shot occurred) will satisfy the section. Second, the scope of the « killing » is narrowly construed – as in this case, the shooting constituted the « killing » and thus was clearly separate from the confinement while still being part of the same series of events.
A final interesting point from Mullings is the comment of the Court that « accelerating death » is still murder.
