Murder

Question 1

What is Murder, and what can it be moved down to?

Answer 1

Intending to and causing death or GBH.

Can be reduced to Voluntary manslaughter.

Question 2

What is voluntary manslaughter

Answer 2

Murder proved but partial defence eg DR or Loss of Control reduces it.

Question 3

What is involuntary manslaughter?

Answer 3

Where murder cannot be proved, Constructive manslaughter, Gross Negligent Manslaughter and Subjective Reckless manslaughter instead (Also unlawful act manslaughter)

Question 4

What is the definition of murder in Common Law

Answer 4

Murder is unlawful killing of reasonable creature in being under King’s peace with malice aforethought as defined by 17th C Sir Edward Coke

Jurisdiction - Murder committed by a British citizen in any Country may be tried in Britain

Question 5

What is the Actus Reus of murder?

Answer 5

a) Unlawful Killing (Justified can be self defence or death penalty)
b) Death can be caused (By act or omission, Gibbins & Proctor 1918)
c) Reasonable creature (Victim must be human)
d) In being (alive) (When does life end - Brain stem dead. When does life begin? Child must have independent existence from mother.)
e) Under the king’s peace (No offence to kill enemy in wartime)

Prosecutions should be brought within 3 years unless Attorney-General agrees

Question 6

When is causation an issue?
What is the chain of causation?

Answer 6

Result crimes such as murder
Link has to be proved between D’s act or omission

Cause in fact (White, Pagett)

Cause in law (Dalloway, Blaue, Robert, etc)

Question 6

What is the mens rea for murder?

Answer 6

With malice aforethought (murder requires a specific intent) which can be:

Express malice (intent to kill)
Implied malice (Intent to cause GBH but V dies)
eg Vickers 1957

Question 7

What is the case where a sweet shop lady was killed by intruder, charged with murder anyways due to GBH intent

Answer 7

Vickers 1957

Question 8

What Reform was put forward for murder?

Answer 8

Law Commission Report 2006 - Murder, Manslaughter and Infanticide
1) Murder to be divided:
First degree - D intended to kill or intended GBH but aware that conduct serious risk of death (Mandatory life)
Second degree - D intended to GBH but not aware of risk of death (max life at discretion of judge)
2) DR and loss of control to reduce first to second degree murder
3) Duress to be allowed to murder