Murder Flashcards
(4 cards)
1
Q
what type of offence is murder?
A
indictable-only
1
Q
what is the max sentence? when can D be released?
A
mandatory life imprisonment but judge gives min. term (could be whole life)
only released if no longer a threat to society + subject to a life licence (i.e. recalled to prison if they offend again)
2
Q
what is the AR?
A
cause death of another human being under King’s peace (i.e. during war = not murder)W
3
Q
what is the MR? explain.
A
intention to kill or cause GBH (legislation says malice aforethought but means the same)
o Direct intent = death/GBH was the aim/purpose
o Indirect intent = death/GBH was not the primary aim, but it is a virtually certain consequence & D appreciates this
