Murder eval

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  • Created by: kxslxy
  • Created on: 25-05-19 12:07

Murder eval

Advantages

  • Wide definition to allow conviction
  • The rule on excessive force protects innocent victims eg through a mistake
  • can be moral elbow room eg good motive following Woolin so the law is not always unfair even if duress etc is not available. same with necessity. duress not being avaiable reflects morality
  • life sentence protects public, aims of sentencing.
  • Defences like LOC and DR exist due to the mandatory life sentence

Disadvantages

  • Law has been developed bit by bit by courts which has caused inconsistencies, for example with the meaning of intention. Either intent to kill or cause GBH
  • D can be convicted of murder even if they did not intend it , serious harm rule. LC said the law is too wide. people who intend GBH are as guilty as people who intend to kill. It was said that the MR should be limited to intention to kill. change must be made by parliament
  • if excessive force is used in self defence then no defence is available
  • duress is not available as a defence so disadvantages people even children and can be seen as unfair as someone has no option
  • Judge cannot give lower sentence even if they were not blameworthy. in Gotts attempted murder was given comm order
  • Discuss Martin 2002

Evaluation

REFORM- LC proposed dividing it into 2 separate offences, first (intention to kill) and second(risk of death) degree murder. these have been completely rejected all they did was introduce LOC. 

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