Murder Info A2 Law OCR G153

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  • Created on: 04-06-14 20:46
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Nadine Allen
Murder
Common Law definition
`The unlawful killing of a reasonable creature in being within the Queens peace
with malice aforethought'
The death penalty was abolished in 1965 because too many mistakes were
made ­ the Bently case `let him have it'. It was also a condition of joining the
EU
Possibility for a `good motive' for murder e.g. terminally ill relative in pain
Sentence for Murder
Mandatory life ­ the judge has no choice. The judge will set a tariff i.e. number
of years in prison before they are considered for parole. When let out your on
licence for life
If you murder someone abroad you are sent back to the UK and tried here but
this only applies to murder
Year and a day rule
Abolished in 1996 - someone had to die within a year and a day of the initial
injury for it to be murder. Been abolished as medical advances mean that you
can be kept alive for a lot longer
Actus Reus of Murder
`The UNLAWFUL killing of a reasonable creature in being within the
Queens peace with malice aforethought'
Unlawful = illegal
But you can sometimes legally kill e.g. doctors (Bland, Malcherik and Steel),
when you're in the army (Clegg) and self-defence if you use reasonable force
(Tony Martin used excessive force)
The unlawful KILLING of a reasonable creature in being within the Queens
peace with malice aforethought'
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Nadine Allen
`The unlawful KILLING of a reasonable creature in being within the
Queens peace with malice aforethought'
Killing by a positive act or by an omission (Gibbons and Proctor)
`The unlawful killing of A REASONABLE CREATURE IN BEING within
the Queens peace with malice aforethought'
Human being ­ you are dead when your brain stem is dead.
Alive, a foetus is not a human being. You're a human when you've been
`expelled from the womb'.…read more

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Nadine Allen
Problems with law on murder
Sentences can be quite short for murderers
Intent to cause serious injury doesn't mean you meant to kill them
Assisted suicide should be allowed under extreme circumstances
A foetus isn't classed as a human being ­ what if you're in the last
days/weeks of your pregnancy where the baby could survive if it's born?
3…read more

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