CRIMINAL LAW- murder (evaluation) Flashcards
5 points for murder eval?
- mr for intent problematic2. common law offence3.d convicted even though serious harm4.self defence not avail if excessive5.life sentence mandatory
what does mr for intent problematic mean?
difficult for jury to infer meaning e.g research in uk and newzealandproblems with definition and test for jury to infer N caused appeal courts to reg consider issue
what is it mean by common law offence?
meaning developed case by case which may be elements back to 17th cent no statutue to clarify requirements development fragment and changed over yrs= uncertain
what is however with common law offence?
case by case basis= more practible and workable and definition of intent accepted since woolin
what does it mean by d convicted even though serious harm?
v murdered even tho intend harm= serious harm rule - life when didnt mean death
however with d convicted even though serious harm?
too leniant on d if didnt and should take responsibility . cps could charge with m/s anyway
what does it mean with self defnece not avail if force excessive?
s.d not avail for murder if force excessive so if d did it and guilty = life and no in between
however for self defnece not avail if force excessive?
if avail = difficult to draw the line
what does it mean with life sentence mandatory?
mandatory life sentence regardless of blam = unfair in accompliance crimes
however for life sentence mandatory?
life dont mean life in prison, judges impose a min whichlaid down in cja 2003life 4 serious e.g sexual child 30yrs min- firearms sexual offence15 yrs min- for murder not in 2 categories
5 points for murder l.o.c?
- defence and emotion2. objective test excludes mental3. male biased4.subjective/objective for triggers5.exclusion of sexual infidelity
what does it mean with defence and emotion?
defence allows defence for anger not fear, dispair, passion. been made worse by s.i as is common reason for trigger but is excluded
however for defence and emotion?
although r v clinton clarified s.i not allowed but conduct following discovery would be
what does it mean with objec excludes mental?
obj difficult to define, s.54 (1)(c) excludes mental but is it fair on d
however with objec excludes mental?
allow d.r instead but why not l.o.c in first place
what does it mean by male bias?
critisced under homicide act as theyre more likely to suffer loc in response to act of it being immediate
however on male bias?
cja removes immediacy to allow women slow burn response = ahuluwalia
what does it mean by subject/objective triggers?
elements cause condusion on each part jutifiable sense = objective but has subjective elements
what does it mean with exclusion of s.i?
may be problematic and diff to define (how sexual) r v davies sexual offences act describe sexual as ‘touching’
6 points for d.r?
- burdern of proof on d2. wording of act ‘abnormality of mind’3.excercise self control4.cases invalid?5.easy to plead6.hard to decide (intox)
- what does it mean by burdern of proof on d?
in most cases prosecutio disporve d , this is breach on human rights
however on burdern of proof on d?
only d can really give evidence to creat prove.
what does it mean by 2. wording of act ‘abnormality of mind’?
jury left to decide based on medical opinions
however on 2. wording of act ‘abnormality of mind’?
under new s.52 abnormality needs to be under recognised medical cond so avoid being pleaded to easy
what does it mean by excercise self control?
inability to excercise self control overlaps l.oc = confusion
what does it mean cases invalid?
new ammendments make some cases invlaid so confuse lawyers
what does it mean easy to plead?
percieved in media too easy to plead and people who kill with medical evidence rely on defence
what does it mean hard to decide intox?
jury would have to decide if would of killed when sober
reforms of murder?
murder shoulda be divided into two seperate offences 1st degree and 2nd degree
1st degree?
cover cases where d intended to kill/cause serious harm and aware of risk of death
2nd degree?
cases where d intended serious harm but not aware of risk of death only 1st =mandatory and 2nd max life sentence m/s allowing judge discretion with sentencing
reform for murder 2?
law commision proposes use of excessive force in sit where some force is justified =partial defence to murder and reduce offence to m/s where more discretion over sentencing avail
