Murder

What is the common law definition of murder?

Unlawful killing of a human being under the Queen's peace

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What is the test for murder in recent days?

Brain death

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What does the phrase 'Queen's peace' not cover?

Soliders, as they are not under the Crown's protection

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What is the mens rea of murder?

Malice aforethought which is defined as intention to kill or intention to cause GBH

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What is a case example on motive?

Re A 2000 - conjoined twins, bona fide

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What is another case involving motive and a doctor?

Cox 1992 - in this case the patient was terminally ill and in dreadful pain so the doctor prescribed a drug killing him but was not convicted of murder as the body was cremated and tests could not prove him guilty

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What are the types of intention?

Direct intent and oblique intent

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What is direct intent?

This is the D's primary intent and goes out and does what they intended to do

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What is oblique intent?

This is when it is not the D's primary intent but is a virtual certainty due to their actions and would be foreseeable harm / risk

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What is a case concerning oblique intent?

Hyam v DPP - a woman threw a petrol bomb through another woman's door due to jealousy which killed two young children

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What is another case on the issue of intention?

DPP v Smith - the D was ordered to leave the car by a policeman but sped off as the policeman clung onto the bonnet but was thrown off into an oncoming car where he was killed, objective test was used and he was guilty

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What Act was enacted due to DPP v Smith?

S8 of the Criminal Justice Act 1967

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What does the Act set out?

1) The court does not have to infer that he intended/foresaw something because it was a natural/probable outcome but they have to take in all evidence whilst making a decision

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What is a case surrounding intention and alcohol?

Moloney 1985 - the D shot his stepfather by accident during a game daring each other to draw a shotgun the fastest whilst drunk

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What is a case involving the murder of a baby?

Woollin 1998 - the D threw the baby 5 feet away which fractured his skull and killed him; was convicted of murder

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What is a case example including a letterbox?

Nedrick 1986 - a man poured paraffin through a letterbox of a woman he had a grudge against which killed a small child

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What did the case of Gillick 1986 state?

It stated that the bona fide of a doctor's clinical judgement can negate mens rea: Re A 2000

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What is a case on drowning?

Matthews and Alleyne - youths robbed, kidnapped him and threw him into a lake where he drowned - they were charged with murder

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Evaluation of the law on murder?

The mens rea and definition has caused confusion, malice aforethought is old fashioned and misleading, the scope of the offence is too wide, juries have difficulty dealing with the mens rea, the mandatory life sentence has been criticised

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What are the procedural issues on murder?

The only sentence is life, joint enterprise

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What are the law commission reform proposals?

First degree murder would be intentional killing + gbh with serious risk of death, second degree murder would cover killing intending GBH/causing fear, and manslaughter would cover dangerous act / gross negligence manslaughter

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What are some other law commission proposals?

In intention - if the judge thinks there could be injustice unless an expanded definition is given, he can say that it means he result was a virtually certain consequence

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Murder

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