Murder

Question 1

Definition of Murder

Answer 1

Lord Coke gave defintion”
‘The unlawful killing of a human being in the Queens Peace, with malice aforethought’.

Actus Reus= Unlawful killing of a human being under the Queens Peace.

HUMAN:

• A Foetus is not a human, AGR No.3 1994:
• Stabbing of pregnant woman and death of born baby.
• Cannot transfer Malice from unborn to born child.

Brain Death:

• Brain Death is considered a legal death
• R v Malcharek and Steel:
• 2 seperate cases where life support turned off, Doctors not liable for Murder.

QUEENS PEACE:

• Being at war is not under the Queens Peace, meaning anyone a soldier kills in battle is not considered Murder.
• Killing a Prisoner of War is considered Murder.

Question 2

Mens Rea for Murder

Answer 2

‘Malice Aforethought’

MR for Murder covers:

• Expressed intention to kill
• Implied intention to cause GBH
• Direct intention
• Oblique intention

GBH:
-Intention to cause GBH is considered MR for murder

Vickers 1957:

• Man breaks into sweet shop cellar, owner catches him.
• owner punched multiple times and kicked in head
• Old woman owner dies from injuries.
• GBH used as MR for Murder.

Cunningham 1981:

• Upholds judgement in Vickers
• GBH used as MR.

Oblique Intention:

• Test in Nedrick and Woollin:
• How Probable is Consequence?
• Did D forsee with Vertual Certainty?

Question 3

Murder & Manslaughter Defences

Answer 3

Murder carries a mandatory life sentence.
Manslaughter’s max is life, sentencing discretionary.

3 Partial Murder Defences Lessen Conviction to Manslaughter:

• Suicide Pact
• Loss of Control
• Diminished Responsibility

S3 (1) Criminal Law Act 1967:
-Allows ‘Prevention of Crime’ as a full defence to Murder.

Self Defence can be used as a full defence to murder

Question 4

Self Defence

Answer 4

Subjective Test For Self Defence:

• D will be judged on circumstances he honestly and genuinely believed himself to be in.
• D may be mistaken, and mistake can be unreasonable.

REASONABLE FORCE:
R v Beckford 1988:
-Police officer at house where man is reported to be terrorising family with gun.
-Man runs out of house, Officer thinks life is in danger, shoots man.
-Self Defence used.

EXCESSIVE FORCE:
R v Clegg:
-Soldier on duty at Ireland check point.
-Car coming towards him and not stopping.
-D shoots at car, carries on shooting one it has passed him.
-Passenger dies from bullet through back window.
-Decide that danger had passed and not self defence.

R v Martin:

• D shot 2 burglars who broke into farm, as they were leaving.
• 1 burglar died, danger had passed (they were leaving)
• D convicted and appeal because Personality Disorder meant he thought he was in danger.
• CA ruled Personality Disorder not taken into account when considering Self Defence.
• However, Conviction reduced to Mansalughter because of Diminished Responsibility

Question 5

Lawful Killing

Answer 5

Killing cannot be said to be Unlawful if Court gives permission for killing.

Re A:

• Only case ever to use necessity as defence for murder.
• Conjoined Twins needed separation, parents refused
• Court granted permission because either 1 died or both died.
• Argued M’s dependence on J was a Fatal Attack and M died so J could be saved.