Homicide

Question 1

Murder
Common Law…

Answer 1

Murder is committed when a person unlawfully kills another human being under the Queen’s Peace, with malice aforethought.

A conviction for murder carries a mandatory sentence of life imprisonment (if the offence is committed by a person aged 18 but under 21, the sentence is ‘custody for life’ (also mandatory) and in the case of a defendant who is under 18, ‘detention at Her Majesty’s pleasure’: Powers of Criminal Courts (Sentencing) Act 2000, s. 90).

Question 2

define “unlawful killing”

Answer 2

‘Unlawful killing’ means actively causing the death of another without justification. ‘Unlawfully’ can be taken to exclude killings for which the accused has a complete and valid justification, such as killing (reasonably) in self-defence. It also includes occasions where someone fails to act after creating a situation of danger