AQA A2 Law Unit 3 - Evaluations - Murder

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  • Created by: Amy
  • Created on: 18-04-14 19:59

The necessary intent

Maloney - Cannot accept implied malice as foreseeability is not intent

Nedrick - Foreseeability is intent 

Difference between " I wanted to kill them" and " I wanted to hurt, but not kill" 

       - This difference does not change anything according to sentencing and the law

  • Issue of Fairness in the law
  • Same Result given to different crimes 
  • Giving different sentencing would cause Loopholes

Handcock and Shankland - Blocking of the road (Intent to stop traffic, not to kill)


Codify - Pull together all areas of the law to create one law 

 - "Intends to cause death or intends to cause serious personal injury and is aware that this may cause death"  Draft of 1989 

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Use of Wording " Grievous"

Lord Goddard -  Claims that the term is a term of art - Has no purpose (Word Grievous) 


Cheshire - Tracheoptomy - Intend to cause serious harm, however did not link to the actual death

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Mandatory Sentencing

Murder = Life imposed for anyone over 18 (No exceptions!) 

- Death Penalty abolished in 1965 act 

Tarrif - Number of years given by judge until they can be considered release - Racial, Sexual and pervious crimes taken into account 

Murder Convictions -  Released on licence - T&C's 

  • Flexibility is very low
  • Doesn't take into account Mercy Killings
  • Manslaughter given to avoid life sentence 


Discretionary Sentences - life for attempted murder and manslaughter 

Classification - Levels of Murder (USA system) 

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