Murder

Question 1

Define murder

Answer 1

When the defendant intending to kill or cause GBH to the victim unlawfully kills them, causing their death. The killing must take place under the King’s Peace.

Question 2

Outline the actus reus of murder

Answer 2

The defendant unlawfully kills the victim.

Question 3

Outline the mens rea of murder

Answer 3

The defendant intends to kill the victim (expressed malice) or cause them GBH (implied malice)

Question 4

Who can kill?

Answer 4

• Has to be a human being over the age of 10, as those under are considered to be under the age of criminal responsibility.
• Has to be a person of sound mind, meaning they cannot suffer from any mental illness that has affected their mental functioning, e.g schizophrenia otherwise it’s considered voluntary manslaughter under loss of control or diminished responsibility.

Question 5

Who can be killed?

Answer 5

• Fetuses or unborn children cannot be considered people as they don’t yet have an existence independent of their mother’s body. Instead, they are protected by the offences of causing / procuring a miscarriage or child destruction. The actus reus of both murder & manslaughter are satisfied if the child is injured in the womb, is born alive and then dies.
• Victims who are already dead, e.g if the defendant shoots the victim; they’ll be charged with attempted murder as the mens rea is satisfied.

Question 6

What does unlawful killing mean?

Answer 6

The positive act or omission completed is prohibited by the law.
The act / omission committed must result in the victim being brain dead meaning ‘a person dies once the brain ceases to function’.
If the defendant can rely on the defence of self - defence, murder is not the relevant charge.

Question 7

What does King’s Peace mean?

Answer 7

The killing didn’t take place on a battleground in which the killing of enemy aliens during war and under battle conditions is not a criminal homicide, as the soldier is considered to have received the training necessary to protect their country.

Question 8

Highlight relevant cases for murder

Answer 8

• Any cases for omission
• The relevant cases for causation
• Cunningham [1981], Vickers [1957] & Woolin [1999]
• AG’s Reference (No.3 of 1994) [1998]
• Malcherek & Steel [1981] & Bland [1993]
• Inglis [2010]
• Purdy [2009]

Question 9

What Act criminalises murder?

Answer 9

Homicide Act 1957

Question 10

What does s1 of the Homicide Act 1957 state?

Answer 10

It’s no longer sufficient for a murder conviction to show that the defendant killed whilst committing another crime, e.g. robbery. An intention to kill or cause GBH must be satisfied.

Question 11

What did Harriet Harman MP argue?

Answer 11

That following the 50 Shades of Grey books, conversations about female sexuality has brought about the idea that women want pain inflicted on them during sex.

Using the rules on murder and the precedents set by previous cases, any kind of ‘rough sex’ that results in murder must be criminalized by the law.