Criminal Law: Murder Flashcards
What is murder?
Common law offence , Unlawful homicide
What is Sir Edwards Cokes definition of murder ?
The unlawful killing of a reasonable person in being and under the kings peace with malice aforethought express implied .
What is the actus rea of murder ?
The unlawful killing of reasonable person in being and under the kings peace.
What is the mens rea of murder ?
Malice aforethought , expressed or implied .
What is an example case for the mens rea for murder ?
Vickers 1957 : the court held that the vicious attack on the lady was enough for the intention of murder .
Is a feotus a human being ?
A feotus cannot be murdered because it is not defined in law as ‘in being’ as it has no existence without its mother.
However, deliberate injury causing death to a feotus would make the attacker criminally liable as shown in Attorney General’s Reference No.3 of 1994 (1997)
Why is killing an enemy of war not murder?
It is not under the king’s peace.
When is murder lawful?
In self-defence, prevention of crime or the defendant used reasonable force in the circumstances.
What is the “year and a day” rule?
The rule that the death should occur within a year and a day for there to be a prosecution.
this rule is now out of date and the rule was abolished by the Law reform Act 1996 so there is no time limit.
What is the sentence for murder?
For defendants over 18, the judge has to pass a sentence of life imprisonment.
Then the judge can can give a minimun serving sentence before any applications can be made for realease on licence.
The guidelines are provided by the Criminal Justice Act 2003:
* Not available for serious cases e.g. premeditated killings, child murders
* 30 year minimum for use of firearms,
