Murder

Question 1

Introduction of murder

Answer 1

Murder falls under the category of ‘homicide’ which also includes voluntary and involuntary manslaughter. There is no statue that defines the conduct required. However, the necessary elements can be determined using number of leading past cases and the development of law.

Question 2

Whats the definition of murder

Answer 2

Definition made by Sir Coke :

‘the unlawful killing of a human being under the Kings peace, with malice aforethought.’

Question 3

Whats the actus reaus of murder

Answer 3

The killing of a human being

Question 4

Whats the mens rea for murder

Answer 4

Malice aforthought

Question 5

Mens rea

Answer 5

Mens rea can either be implied or expressed.

Express - to cause death
Implied - did not intend to kill but did intend to cause GBH

Question 6

Reforms suggested

Answer 6

1. Three tier system

First degree murder / second degree murder / manslaughter

2. Abolition of the mandatory life sentence

As it forced the courts to artificially stretch the defences available for murder to attempt avoiding imposing harsh sentence where lighter sentence would be more appropriate.

3. Abolition of murder and manslaughter distinction

Create a single offence of homicide and unlawful killing.

4. To allow a defence for duress