Fatal offences-Murder Flashcards
Define homicide.
The killing of one human being by another.
Give examples of lawful homicide.
Member of armed forces killing an enemy in combatant in times of war.
In self-defence, using necessary and reasonable force.
Give examples of unlawful homicide.
Murder
Voluntary manslaughter
Involuntary manslaughter
Infanticide
Death by dangerous driving.
What does being convicted of murder require?
Intent to kill or commit GBH
What does voluntary manslaughter require to be convicted?
Intent to kill or cause GBH
What can voluntary manslaughter be reduced and separated from murder with?
Defences of:
Diminished responsibility
Loss of control
What does involuntary manslaughter require to be convicted?
No intent to kill but blameworthy conduct
What is infanticide?
Killing of a victim under 1 years old.
What type of offence is murder?
Common law.
What does murder being a common law offence mean?
Define through case law, not Parliament (i.e. not Act of Parliament)
Who is the most commonly accepted definition of murder given by?
Early 17th century judge.
Sir Edward Coke
What did Sir Edward Coke define murder as?
“The unlawful killing of a reasonable person in being under the king’s peace, with malice aforethought, express or implied…”
What is the AR of Sir Edward Coke’s definition of murder?
The unlawful killing of a reasonable person in being under the king’s peace.
What is the MR of Sir Edward Coke’s definition of murder?
With malice aforethought, express or implied…
Where can you find a simpler definition of murder?
Law Commission Report:
Murder, Manslaughter and Infanticide [2006] LC 304 (paragraph 1.13)
What does the Law Commission Report on murder, manslaughter and infanticide [2006] define murder as?
‘Murder is committed when someone unlawfully kills another person, with an intention either to kill or to do serious harm.’
What is the AR of the Law Commission Report’s definition of murder?
Murder is committed when someone unlawfully kills another person.
What is the MR of the Law Commission Report’s definition of murder?
With an intention either to kill or to do serious harm.
What phrase did Sir Edward Coke’s definition of murder originally include?
“…so that the wounded party shall die…within a year and a day of the same.”
What was the phrase in Sir Edward Coke’s definition of murder removed by?
The Law Reform (Year and a Day Rule) Act 1996
What was the removed sentence from Sir Edward Coke’s definition of murder replaced with by The Law Reform?
-if the ‘cause’ of death occurs more than 3 years before the victim died or the D has already been convicted of some other offence (e.g. GBH) in relation to the acts that caused the death, the consent of the Attorney General must be secured before prosecution can be brought.
Under what act is it said that British citizens can be tried in a British court for murder or manslaughter committed anywhere in the world?
OAPA 1861
Which act stated the punishment for murder?
The Murder (Abolition of Death Penalty) Act 1965.
What did the The Murder (Abolition of Death Penalty) Act 1965 state the punishment of murder as being?
A person convicted of murder must be sentenced to life imprisonment.
What does sentenced mean in the The Murder (Abolition of Death Penalty) Act 1965 punishment for murder statement?
Does not mean “serve” a sentence imprisonment for the rest of their life.
Part of the life sentence is served in prison, and the remainder served not in prison.
In practice, around how many years are criminals with murder convictions released and why?
Most released after 10-15 years “on licence”
Means they can be recalled to prison for many reasons.