Murder part 1

Question 1

How did Lord Coke define murder?

Answer 1

The unlawful killing of a reasonable person in being under the Queen’s peace with malice aforethought, express or implied.

Question 2

Which defence can be used for a charge of murder?

Answer 2

Self-defence.

Question 3

Which defence cannot be used for a charge of murder?

Answer 3

Duress.

Question 4

What is the actus reus of murder?

Answer 4

The unlawful killing of a human being under the Queen’s peace.

Question 5

How can murder be committed?

Answer 5

By an act or omission.

Question 6

Can any murder by any British citizen be tried in the English courts?

Answer 6

Yes.

Question 7

Can the victim be a foetus?

Answer 7

No.

Question 8

Give the facts of Attorney-General’s Reference (No 3 of 1994) (1997).

Answer 8

D stabbed his pregnant girlfriend causing her to give birth prematurely, the baby died. D was not charged with the baby’s murder as it was a foetus.

Question 9

Can the victim be brain-dead?

Answer 9

No.

Question 10

What does under the Queen’s peace mean?

Answer 10

Killing enemies in war is not unlawful, however killing a prisoner of war is.

Question 11

What may be used in self-defence?

Answer 11

Reasonable force.

Question 12

When might killing be necessary?

Answer 12

To save one of a pair of conjoined twins, as in Re A (conjoined twins) (2000).

Question 13

What is strong evidence that force used in self-defence is reasonable?

Answer 13

The fact that the defendant had only done what he honestly and instinctively thought was necessary in a moment of unexpected anguish.

Question 14

On which facts is the defendant judged when considering a defence of self-defence?

Answer 14

On the facts as he believed them to be, even if he was mistaken.

Question 15

What does the Criminal Justice and Immigration Act 2008 allow for?

Answer 15

The fact that the defendant is under stress and cannot be expected to precisely calculate the exact amount of force necessary.

Question 16

If excessive force is used, will the defence be successful?

Answer 16

No.

Question 17

Give the facts of Clegg (1995)

Answer 17

D was a soldier on duty at a checkpoint who shot at a speeding car three times as it approached and once as it drove off, killing a rear passenger. Clegg could not use the defence as there was no threat at the time of the last shot.

Question 18

What is the mens rea of murder?

Answer 18

Malice aforethought, express or implied.

Question 19

Which case decided that you do not need to have intention to kill to be convicted of murder?

Answer 19

Vickers (1981)

Question 20

Does transferred malice apply to murder?

Answer 20

Yes.

Question 21

What does the defendant have to foresee in order to be convicted of murder?

Answer 21

He has to foresee that his acts would cause death or serious injury.

Question 22

What are some problems with the law on murder?

Answer 22

1. The law developed bit-by-bit and not as a whole.
2. The serious harm rule makes the law on murder too wide-ranging.
3. No defence when excessive force is used is too harsh.
4. No defence of duress is unfair.
5. The mandatory life sentence does not distinguish between different levels of murder.

Question 23

What has the Law Commission suggested to reform murder?

Answer 23

Division of the offence into first and second degree murder, where first degree is intent to kill and second degree is intent to seriously harm.