Topic 6: Fatal Offences 1) Murder Flashcards
(19 cards)
What is murder and who defined it?
Lord Coke
17th Century Judge
“Murder is the killing of a reasonable person in being under the King’s (or Queen’s peace with malice aforethought, express or implied”
Actus reus of murder is?
The unlawful killing of a reasonable creature in being under the Queen’s peace
What has to be proved for the actus reus of murder?
The D killed
A reasonable creature in being
Under the Queen’s peace
The killing was unlawful
3 paragraphs for causation?
Factual cause
Legal cause
Intervening act
What is a reasonable creature in being?
A human, not a foetus and not brain dead
What is the case for foetus’?
AG Ref (No. 3 if 1994) (1997)
When is a killing not unlawful?
In self defence
In the prevention of crime
What is reasonable force?
The D does what he honestly and instinctively thought was necessary in a moment of unexpected panic
What’s the case for reasonable force?
Beckford (1988)
What’s the link between time and self defence?
Time to think = not self-defence
No time = self-defence
What are the 2 cases for excessive force?
Clegg (1995)
Martin (2002)
What’s the mens rea of murder?
The malice aforethought, express or implied
What are the 2 types of malice aforethought?
Express
Implied
What is express malice aforethought?
Direct/oblique intent to kill
What is implied malice aforethought?
Direct/oblique intent to cause GBH
What are the 4 cases we use for mens rea of murder?
Cunningham (1981)
DPP v Smith (1961)
Woolin (1998)
Moloney (1985)
What will the D revive if found guilty of murder?
A mandatory life sentence. The judge sets a minimum number of years that the D will serve behind bars before they may be released on parole
What were the recommendations to Parliament for reform?
Parliament should pass a new Homicide Act
Murder should be made into a two-tier offence (first and second degree murder)
Duress should be a complete defence to murder
What did the government to to act on the suggested reforms?
Rejected the two-tier idea for murder
Accepted that reform was needed for the lack of self-defence available to those who used excessive force (Clegg and Martin cases)
Defence of loss of control was made - Defendant killed through fear of serious violence, murder was reduced to manslaughter
