Murder Flashcards
What is homicide?
The general term for the unlawful killing of a human being
How did Lord Coke define murder?
“The unlawful killing of a reasonable person in being and under the Queen’s peace with malice aforethought, expressed or implied”
What needs to be satisfied for the actus reus of murder?
- The defendant killed
- A victim who is a ‘reasonable creature in being’
- Under the Queen’s peace
- Unlawfully
Does a foetus in the womb constitute a ‘reasonable creature in being’?
Attorney General’s Reference 3 1994 held that there needs to be ‘an existence independent to the mother’ for a foetus to be considered human
In what case was the test of death established?
R v Malcherek
What was the ‘year and a day rule’?
The victim originally needed to die of injuries sustained from the defendant within a year and a day
What statute changed the year and a day rule and how did it change it?
- Law Reform (Year and a Day Rule) Act 1996
- Now if the victim dies more than 3 years after, the CPS must seek permission from the Attorney General to prosecute
When is a killing of another human not unlawful?
In the self-defence or prevention of crime if reasonable force in the circumstances is used
What is the mens rea of murder?
- Expressed malice aforethought
- Implied malice aforethought
What is expressed malice aforethought?
Intent to kill
What is implied malice aforethought?
Intent to cause GBH
What was held in R v Vickers?
The defendant only meant to inflict GBH, though was sentenced to death as he still had the required mens rea of murder
What year was the Law Reform Report for ‘Murder, Manslaughter and Infanticide’?
2006
What opinion did the Law Reform 2006 Report for ‘Murder, Manslaughter and Infanticide’ have on the mens rea for murder?
It is unfair to be convicted when there is no intent to kill. However, if they intended to cause harm, the defendant should take responsibility for the consequences
When is a mandatory life sentence imposed?
When the defendant is aged 18 and over
