Criminal Law Fatal Offences Flashcards
(21 cards)
Murder is a common law offence so their is no specific legislation defining it, a seventeenth century judge Lord Coke defined murder as
The unlawful killing of a reasonable creature in being under the Kings peace with malice aforethought, express or implied.
What is the actus reus of murder
The victim was killed
As reasonable creature in being
Under the kings peace
The killing was unlawful
Can an omission amount to the murder
Yes, murder is a result crime ,the defendant cannot be guilty unless his act or ommission caused the death of the victim
In murder, omission is only sufficient for the actus reus where there is a duty to act, what are the four main situations when such duty can exist
A contractual duty- Pittwood (1902)
A duty because of a relationship- Gibbins and Proctor (1918)
A. Duty taken on voluntarily - Stone and Dobinson (1977)
A duty which arises becauuse the defendant has set in motion a chain of events - Miller (1983)
For the first actus reus element of murder, does the killing have to be unlawful
The killing must be unlawful
What does a reasonable creature in being mean
A human being
Is a foetus considered a reasonable creature in being
The child has to have an ‘existence independent from the mother’ for it to be considered a reasonable creature in being
Attorney-Generals Reference (no 3 of 1994) (1997)
Is it probable that a person who is ‘brain dead’ would not be considered as a reasonable creature in being, why is this
Doctors need to be able to turn off life support machine without being liable for homicide
Malcharek (1981)
What is the year and a day rule and does it still apply today
A person cannot be punished fro causing someone’s death if it happened more than a year and a day after their act
Was abolished in 1996
What does under the kings peace mean
The killing of an enemy in the course of war it is not murder, however ,the killing of a prisoner of war would be sufficient for the actus reus of murder
What is the mens Rea of murder
Express malice aforethought (the intention to kill)
OR
Implied malice aforethought (the intention to cause grievous bodily harm)
A person has the mens Rea of murder of they express of implied malice aforethought, this means a person can be guilty of murder even if they did not intend to kill, what case affirms this
Vickers (1957) confirmed in Cunningham (1981)
In murder they either have direct or oblique intent, what does this mean
Direct intent- the D intends that consequence
Oblique intent- the D’s aim was not to bring about the consequence, but the death or serious injury is a foreseeable result of their actions
What is foresight of consequence under the statutory provision of s.8 of the Criminal Justice Act 1967
A person in jury in determining whether a person has committed an offence must decided whether the defendant intend or foresaw that death or really serious injury be caused
What cases have the House of Lords used to explain the foresight of consequence
Moloney (1985)
Nedrick (1986)
Woolin (1998)
Matthew’s and Alleyne (2003)
What is the current test for foresight of consequence
A jury may find the necessary intention if they feel sure that death or serious injury was a virtual certainty as result of the defendants actions and the defendant appreciated that such was the case
Can a person be guilty of murder through transferred malice
Yes
Lamiter (1886)
Mitchell (1983)
For a murder to occur the actus reus and mens Rea must occur at the same time what case affirms this
Thabo Meli v R - actus reus and mens Rea present
Church (1965)- actus reus and mens Rea not present together
If found guilty of murder what will the defendant punishment bd
Aged 18 and over: life imprisonment
Aged 10-17: the judge must order there detention at his majesty’s pleasure
What does the Criminal Justice Act 2003 guidelines on sentencing murder provide
A whole life sentence for serious cases like premeditated killings of multiple people, sexual or sadistic child murders or politically motivated murders.
Thirty years minimum for murders of police or prison officers murders involving firearms, sexual or sadistic killing aggravated by racial or sexual orientation.
Fifteen years minimum for murders not falling within the two higher categories
What does the sentence for murder reflect
That justice has to be done as it is the most serious crime that can be committed, however as shown by previous guidelines there are different levels of fault within the crime and the minimum term can reflect that level of fault
