Homicide offences Flashcards
What is the definition of murder?
The unlawful killing of a human being under the King’s peace, with malice aforethought expressed or implied
What type of offence is murder and what is the max sentence?
Murder is an indictable only offence and carries a mandatory life sentence. Murder is a common law offence and as such the definition is not in a statute, but has been developed through case law.
What is the actus reus of murder?
Unlawful killing = a defence can make a killing lawful, for example self defence. Murder is a result crime, meaning the defendant’s act or omission must have caused the death. As such, the prosecution must prove both factual and legal causation beyond reasonable doubt.
The killing could be through a positive action: a shooting, stabbing etc. Or through an omission.
What is the mens rea of murder?
The mens rea of murder is malice aforethought either express or implied. Do not be misled by the ordinary modern meanings of these words ‘malice’ (such as evil intent/ill will) is not required neither is premeditation which could be suggested from ‘aforethought’. Malice aforethought simply means intention.
