CRIMINAL LAW- murder (evaluation)

Question 1

5 points for murder eval?

Answer 1

1. mr for intent problematic2. common law offence3.d convicted even though serious harm4.self defence not avail if excessive5.life sentence mandatory

Question 2

what does mr for intent problematic mean?

Answer 2

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

Question 3

what is it mean by common law offence?

Answer 3

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

Question 4

what is however with common law offence?

Answer 4

case by case basis= more practible and workable and definition of intent accepted since woolin

Question 5

what does it mean by d convicted even though serious harm?

Answer 5

v murdered even tho intend harm= serious harm rule - life when didnt mean death

Question 6

however with d convicted even though serious harm?

Answer 6

too leniant on d if didnt and should take responsibility . cps could charge with m/s anyway

Question 7

what does it mean with self defnece not avail if force excessive?

Answer 7

s.d not avail for murder if force excessive so if d did it and guilty = life and no in between

Question 8

however for self defnece not avail if force excessive?

Answer 8

if avail = difficult to draw the line

Question 9

what does it mean with life sentence mandatory?

Answer 9

mandatory life sentence regardless of blam = unfair in accompliance crimes

Question 10

however for life sentence mandatory?

Answer 10

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

Question 11

5 points for murder l.o.c?

Answer 11

1. defence and emotion2. objective test excludes mental3. male biased4.subjective/objective for triggers5.exclusion of sexual infidelity

Question 12

what does it mean with defence and emotion?

Answer 12

defence allows defence for anger not fear, dispair, passion. been made worse by s.i as is common reason for trigger but is excluded

Question 13

however for defence and emotion?

Answer 13

although r v clinton clarified s.i not allowed but conduct following discovery would be

Question 14

what does it mean with objec excludes mental?

Answer 14

obj difficult to define, s.54 (1)(c) excludes mental but is it fair on d

Question 15

however with objec excludes mental?

Answer 15

allow d.r instead but why not l.o.c in first place

Question 16

what does it mean by male bias?

Answer 16

critisced under homicide act as theyre more likely to suffer loc in response to act of it being immediate

Question 17

however on male bias?

Answer 17

cja removes immediacy to allow women slow burn response = ahuluwalia

Question 18

what does it mean by subject/objective triggers?

Answer 18

elements cause condusion on each part jutifiable sense = objective but has subjective elements

Question 19

what does it mean with exclusion of s.i?

Answer 19

may be problematic and diff to define (how sexual) r v davies sexual offences act describe sexual as ‘touching’

Question 20

6 points for d.r?

Answer 20

1. 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)

Question 21

1. what does it mean by burdern of proof on d?

Answer 21

in most cases prosecutio disporve d , this is breach on human rights

Question 22

however on burdern of proof on d?

Answer 22

only d can really give evidence to creat prove.

Question 23

what does it mean by 2. wording of act ‘abnormality of mind’?

Answer 23

jury left to decide based on medical opinions

Question 24

however on 2. wording of act ‘abnormality of mind’?

Answer 24

under new s.52 abnormality needs to be under recognised medical cond so avoid being pleaded to easy

Question 25

what does it mean by excercise self control?

Answer 25

inability to excercise self control overlaps l.oc = confusion

Question 26

what does it mean cases invalid?

Answer 26

new ammendments make some cases invlaid so confuse lawyers

Question 27

what does it mean easy to plead?

Answer 27

percieved in media too easy to plead and people who kill with medical evidence rely on defence

Question 28

what does it mean hard to decide intox?

Answer 28

jury would have to decide if would of killed when sober

Question 29

reforms of murder?

Answer 29

murder shoulda be divided into two seperate offences 1st degree and 2nd degree

Question 30

1st degree?

Answer 30

cover cases where d intended to kill/cause serious harm and aware of risk of death

Question 31

2nd degree?

Answer 31

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

Question 32

reform for murder 2?

Answer 32

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