Murder Flashcards
Minimum sentencing for murder
Mandatory life sentence
Life sentence is
15 year
Killing with firearm or killing a police officer will hold a sentence of
30 years
Premeditated killing, sexual sadist will hold a sentence of
Whole life term
Definition of murder is
The unlawful killing of a reasonable creature under the King’s peace with malice afterthought expressed or implied.
Actus reus of muder is
Unlawful killing of a reasonable creature under the kings peace
Mens rea of murder is
Malice afterthought expressed or implied but intent to cause GBH is enough for MR of murder as seen in R v Vickers
“A reasonable creature” exception
A child has to independantly exist from their mother to be considered a creature in killing as seen in AG Ref No. 3.
R v Malcherek shows that
Doctors can legally switch off life support if it would alleviate pain or upon request of family
AG Ref No. 3 shows
That a child needs to independently exist from their mother to be considered a “creature” in killing.