Murder

Question 1

Criminal liability for murder?

Answer 1

Actus Reus + Mens Rea + No defence

Question 2

Murder is a common law offence..

what does this mean?

Answer 2

there is no statutory definition of murder

Question 3

definition from 18th C quoted as providing the actus reus for murder?

Answer 3

‘The unlawful killing if a reasonable person who is in being and under the King’s (now Queens) peace’

Question 4

Breaking down the actus reus for murder:

Answer 4

1. Killing must be unlawful (killing would be lawful if D had a complete defence)
2. Victim must be a reasonable person in being (human being) i.e. a foetus cannot be murdered but it is possible to murder someone who is being kept alive by a machine
3. Murder is a result crime which means we must prove causation (factual and legal cause with no break in the chain)

Question 5

Breaking down the mens rea for murder:

Answer 5

1. Traditionally known as ‘malice aforethought’ but this is misleading as there is no malice or remediation required
   … It has been taken to mean, intention to kill or intention to cause grievous bodily harm (Vickers & DDP v Smith)
2. Intention to kill or cause GBH includes both direct intent and oblique intent

Question 6

Distinguishing between murder and voluntary manslaughter

Answer 6

D has the necessary actus reus and mens rea but can plea to a partial defence to murder, reducing the offence from murder to voluntary manslaughter
Unlike full defences (which would lead to acquittal) partial defences just lessen the charge.

Question 7

what sentencing does murder carry?

how does this vary to manslaughter?

Answer 7

murder = mandatory sentence of life imprisonment, judge has no discretion when sentencing 
manslaughter = discretion when sentencing, but life imprisonment is still possible