Murder And Manslaughter

Question 1

Murder definition

Answer 1

When a person of sound memory and of the age of discretion unlawfully kills any reasonable creature in being, under the kings peace with malice aforethought

Question 2

Age of discretion

Answer 2

A child less than 10 years old is not criminally responsible for his/her actions

Question 3

Sound memory

Answer 3

The person responsible must not be insane

Question 4

Living human being

Answer 4

Foetus is not deemed in law to be a living human being. However, a murder conviction may be possible if the foetus is injured and, after birth, dies as a result of injuries sustained whilst in the womb
**Attorney general’s reference (No 3, 1994) 1996 **

Question 5

R V Malcherek and Steel 1981

Answer 5

Accused seriously wounded victim, maintained on respirator. When turned off M was found guilty of murder (but for test, R v White)

Question 6

King’s peace

Answer 6

Killing an enemy during wartime is not murder

Question 7

Sentencing

Answer 7

Minimum sentence is life. Judge decides minimum years before eligible for release on licence. Minimum is 15 years, maximum is 30 (whole life order)

Question 8

Malice aforethought

Answer 8

R V Moloney, means rea of murder is intention to kill or cause GBH

Question 9

R V Vickers

Answer 9

If defendant intends GBH and they die from injuries, this is enough for murder

Question 10

Direct intent

Answer 10

What defendant desires, eg pointing a gun at someone with intention to kill (R v Mohan)

Question 11

Indirect/oblique intent

Answer 11

Not necessarily desires but is foreseeable it will almost certainly happen (R V Moloney)

Question 12

What did R v Nedrick say

Answer 12

A jury should return s verdict of murder only where they find that the defendant foresaw death or serious injury as a virtual certain consequence of his or her voluntary actions

Question 13

What case confirms the Nedrick test

Answer 13

R v Woollin

Question 14

R V Matthew Alleyne 2003

Answer 14

Defendants foresight of virtually certain death does not automatically require the jury to find that he intended that result: it is merely evidence from which the jury may draw that conclusion

Question 15

What is voluntary manslaughter

Answer 15

Where there is sufficient mental element for s conviction but the defendant successfully pleads one of the defences under the homicide act 1957 as amended buy the coroners and justices act 2009

Question 16

What is involuntary manslaughter

Answer 16

Where homicide is committed without malice aforethought. There are two types: (a) unlawful act, (b) gross negligent