Murder Flashcards
Insanity
M´Nagthen Rule
Every man is to be presumed to be sane, and … that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong.
Diminished responsibility
s. 2 Homicide Act 1957
Age of criminal responsibility
10 years of age
Expanded to anywhere in the world if the killer is of british nationality
s. 9 OAPAA 1861
s. 3 British Nationality Act 1948
in certain cases the killers nationality is irrelevant
s. 4 Suppression of Terrorism Act 1978
Reasonable creature in rerum natura
Start of Life
- s. 58 OAPA 1861
- Infant Life Preservation Act 1929
Independent existence
- Poulton 1832
- Reeves 1839
Art 2 ECHR
Vo v France
Soldier can still be convicted of murder
- Page 1954
Mens Rea - Malice aforethought
- Intention to kill
- Intention to cause GBH (Molooney 1985)
Intention is based on Woolin 1985
(virtual certainty)
Grevious means serious and is given ordinary meaning by the jury
Test for liability (subjective)
Frankland & Moore v R (1987)
Abolition of constructive malice
Homicide Act 1957 s1.
- Intention to commit another felony no longer sufficient mens rea if death resulted
- No longer murder to kill while preventing lawful arrest
We all eventually die but murder is the acceleration of death
Courts take broad approach
- Airedale NHS Trust v Bland (1993)
- s. 4 mental capacity act
Law reform Act 1996
conviction within 3 year or when convicted of another offence against the person which lead to the final death.
Sentencing
Minimum term set by the judge under S21 Criminal Justice Act 2003
- Whole life (multiple, sexual, child murders, etc.)
- 30 years (Police, firearms, racially aggravated etc.)
- 15 years (other murders)
Reform
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