Murder Flashcards
1
Q
What are the issues with the definition of murder?
A
- Malice aforethought is misleading as no malice or aforethought or premeditation is needed. A person who acts in the spur of the moment is equally as guilty as well as those who carry out euthanasia even if they say its for the greater good.
2
Q
What are the issues with the lack of cohesion?
A
- Parts of the current law have been in existence for centuries and have barely changed in that time to reflect current thinking.
- Other parts have changed several times of several years which has created uncertainty.
- As its a common law offence it needs cases to come forward to correct any previous mistakes.
3
Q
What are the problems with intention?
A
- Succession of cases such as Moloney, Nedrick and Woolin highlight the difficulties that have come with establishing intention.
- Matthews and Alleyne proves there is still not clear definition of intention and since rules are not law inconsistencies can still be made in future cases with similar facts.
4
Q
Whats the problem with intention to cause GBH?
A
- If they die but D only has intention to cause GBH can still be guilty as they will have implied malice cause debate as some feel it is wrong to convict someone if they did not mean to cause death.
5
Q
What are the problems with mandatory life sentences?
A
- D who commits a mercy killing of someone who is terminally ill will receive the same sentence as someone who has killed in cold blood unless they have a successful defence.
- Suggested they should make it so judges can decide sentence based upon facts.
6
Q
Reform for murder?
A
Should be divided into two categories first degree and second degree.
First degree:
- Those who intended to kill and would receive mandatory life.
Second degree:
- Discretionary life sentence for those who:
- Killed with intention to commit harm but was not aware of the risk of death.
- Wish to rely on a partial defence
- If they intended to cause some injury but was aware of the risk of death.
