Topic 6: Fatal Offences 1) Murder

Question 1

What is murder and who defined it?

Answer 1

Lord Coke
17th Century Judge
“Murder is the killing of a reasonable person in being under the King’s (or Queen’s peace with malice aforethought, express or implied”

Question 2

Actus reus of murder is?

Answer 2

The unlawful killing of a reasonable creature in being under the Queen’s peace

Question 3

What has to be proved for the actus reus of murder?

Answer 3

The D killed
A reasonable creature in being
Under the Queen’s peace
The killing was unlawful

Question 4

3 paragraphs for causation?

Answer 4

Factual cause
Legal cause
Intervening act

Question 5

What is a reasonable creature in being?

Answer 5

A human, not a foetus and not brain dead

Question 6

What is the case for foetus’?

Answer 6

AG Ref (No. 3 if 1994) (1997)

Question 7

When is a killing not unlawful?

Answer 7

In self defence

In the prevention of crime

Question 8

What is reasonable force?

Answer 8

The D does what he honestly and instinctively thought was necessary in a moment of unexpected panic

Question 9

What’s the case for reasonable force?

Answer 9

Beckford (1988)

Question 10

What’s the link between time and self defence?

Answer 10

Time to think = not self-defence

No time = self-defence

Question 11

What are the 2 cases for excessive force?

Answer 11

Clegg (1995)

Martin (2002)

Question 12

What’s the mens rea of murder?

Answer 12

The malice aforethought, express or implied

Question 13

What are the 2 types of malice aforethought?

Answer 13

Express

Implied

Question 14

What is express malice aforethought?

Answer 14

Direct/oblique intent to kill

Question 15

What is implied malice aforethought?

Answer 15

Direct/oblique intent to cause GBH

Question 16

What are the 4 cases we use for mens rea of murder?

Answer 16

Cunningham (1981)
DPP v Smith (1961)
Woolin (1998)
Moloney (1985)

Question 17

What will the D revive if found guilty of murder?

Answer 17

A mandatory life sentence. The judge sets a minimum number of years that the D will serve behind bars before they may be released on parole

Question 18

What were the recommendations to Parliament for reform?

Answer 18

Parliament should pass a new Homicide Act

Murder should be made into a two-tier offence (first and second degree murder)

Duress should be a complete defence to murder

Question 19

What did the government to to act on the suggested reforms?

Answer 19

Rejected the two-tier idea for murder

Accepted that reform was needed for the lack of self-defence available to those who used excessive force (Clegg and Martin cases)

Defence of loss of control was made - Defendant killed through fear of serious violence, murder was reduced to manslaughter