evaluation of murder

Question 1

mandatory life sentence: means judges cannot take what into account when sentencing

Answer 1

motive

Question 2

mandatory life sentence: which two examples will get the same sentence

Answer 2

a mercy killing euthanasia conviction must get the same sentence as a cold blood serial killer

Question 3

mandatory life sentence: what can the judge take into account

Answer 3

circumstances when setting tariff for the length d must serve before being eligible for release

Question 4

mandatory life sentence: once they’re released what is the issue

Answer 4

they still have a life sentence hanging over them and can be recalled to prison if they break the terms of their licence

Question 5

too broad: what does the mens rea of murder include and what is the issue

Answer 5

intention to kill or intention to cause gb: Vickers

too wide

Question 6

too broad: if what is considered? are there 4 states of mind which can result in a murder conviction

Answer 6

if you consider the possibility of indirect intention

Question 7

too broad: what is there no moral equivalence between

Answer 7

foresight of GBH as virtually certain and direct intention to kill

Question 8

too broad: what has it been argued that the offence should be broken up into

Answer 8

different levels, each corresponding with the seriousness of the killing

Question 9

self defence: what is there no defence for

Answer 9

those who kill using more force than is necessary even if there was a genuine need to use some force in self defence: clegg

Question 10

self defence: how has this problem been dealt with to some extent

Answer 10

by the defence of loss of control and the changes to reasonable force in householder cases

Question 11

self defence: what does loss of control provide a partial defence to

Answer 11

murder if d loses control and kills because of fear of serious violence/ allow the use of ‘disproportionate’ force to defend against intruders

Question 12

self defence: what has it been suggested that this all or nothing approach may lead to

Answer 12

injustice in some cases

Question 13

law commission proposals: first degree murder would require

Answer 13

either intent to kill or intent to cause gbh with awareness that death may be caused

Question 14

law commission proposals: second degree murder would require

Answer 14

mere intent to do GBH

Question 15

law commission proposals: what sentence would first degree murder have

Answer 15

mandatory life sentence

Question 16

law commission proposals: what sentence would second degree murder have

Answer 16

a maximum life sentence

Question 17

law commission proposals: what do they achknowledge

Answer 17

different levels of mens rea

Question 18

Duress: which case supports that duress isn’t available for murder

Answer 18

HOWE

Question 19

Duress: which case supports that duress isn’t available for attempted murder

Answer 19

Gotts

Question 20

Duress: what did lord hailsham state

Answer 20

The defence should protect the innocent and not ‘cowards or poltroons’

Question 21

Duress: what does lordhailsham statement mean

Answer 21

Someone who kills one person to save 50 has no defence to murder

Question 22

Duress: what does the defence not being allowed for murder not allow a jury to do

Answer 22

Weigh up the harm caused by d with the harm avoided. Such moral issues should always be left to the jury

Question 23

Duress: What has the law commission stated

Answer 23

There is no reason to treat murder differently

Question 24

Duress: what has the law commission recommended

Answer 24

Duress should be a defence to all offences