Murder
- Created by: tialou
- Created on: 15-02-17 13:50
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- Murder
- Definition
- The unlawful killing of a reasonable creature in being under the queens peace with malice aforethought express or implied
- Problems with the law on murder
- D can be convicted of murder although he intended GBH
- Murder is a common law offence so its developed bit-by-bit and it can be difficult to discover law
- There is no defence for excessive force used in self defence
- There is no defence of duress
- Mandatory life is the only sentence available
- Mens rea
- Intention to cause GBH can also amount to murder (Vickers, Cunningham)
- Specific intent, foresight of consequence - refer to mens rea
- Actus reus
- The queens peace means there is no war
- For the killing to be unlawful it must not be in self-defence, defence of another or in prevention of a crime. The force used must be reasonable and in household cases D must not be a trespasser, D must believe V is a trespasser and the force must be used in a dwelling.
- A reasonable creature in being is an adult human being which is not a foetus or brain dead
- D must kill someone by a act or omission. Its usually an act in murder however Gibbins and Proctor was an omission held as murder
- Definition
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