Murder

Question 1

Murder meaning?

Answer 1

• Law of murder is set out in common law. The legal definition of murder is ‘the unlawful killing of a human being in the Queen’s peace, with malice aforethought’.

Question 2

AR of murder?

Answer 2

• The AR of murder consists of the unlawful killing of a human being in the Queen’s peace

Question 3

Unlawful killing?

Cases?

Answer 3

• Can be committed by an act or an omission
• They’re result crimes and thus causation must also be established.
• Some killings may be classed as lawful R v CLEGG
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Question 4

Human being?

Answer 4

• The second element of the AR of murder requires the victim to be a human being.
• A foetus is not classed as a human being
• A-G REF
• R v INGLIS

Question 5

In the Queen’s Peace

Answer 5

• The third aspect of the AR of murder excludes the killing of enemies in the time of war

Question 6

MR of murder?

Cases?

Answer 6

• The MR of murder is malice aforethought
• R v VICKERS
• R v CUNNINGHAM

Question 7

Mandatory sentence for murder?

Answer 7

• The mandatory sentence for murder is life imprisonment

Question 8

What are the partial defences for murder?

Answer 8

• Loss of control
• Diminished responsibility
• Killing in pursuance of a suicide pact