Murder

• What is the definition of homicide?


  The killing of a human being by another, deliberately or not.
• What are the three categories of homicide?


  1. Murder: AR + MR
  2. Voluntary Manslaughter: AR + MR of murder + special defence
  3. Involuntary Manslaughter: AR of murder, but no MR for murder
• Who provided the common law definition of murder in the 17th century?

  Lord Justice Coke
• What is the common law definition of murder according to Lord Justice Coke?


  The unlawful killing of a reasonable person in being under the Queen’s peace with malice aforethought, express or implied.
• What is the penalty for murder under the Murder (Abolition of Death Penalty) Act 1965?


  Mandatory life imprisonment
• What two components must be proven for any criminal offence to have been committed?

  Actus Reus (AR) and Mens Rea (MR)
• What is the Actus Reus in the context of murder?


  It can be an act or an omission that leads to death.
• Which case demonstrates a failure to act that led to a child’s death?

  R v Gibbins and Proctor (1918)
• How might a killing be lawful?

  Through lawful killing, such as self-defense or consent.
• According to the Attorney-General’s Reference (No.3 of 1994), what is the status of a foetus?


  A foetus is not considered a human being.
• What does the term "Queen’s (or King’s) Peace" refer to in the context of murder?


  It refers to the condition that the murder did not occur during a time of war.
• What is the but-for test in factual causation?


  It determines if the death would have occurred but for the defendant's actions.
• What is the significance of the de minimus rule in legal causation?


  It states that the defendant's actions must be a significant and operating cause of death.
• What is the Thin Skull Rule in causation?


  The defendant is liable for the victim's injury even if the victim had a pre-existing condition.
• What does 'malice aforethought' refer to in Mens Rea?


  It refers to the intention to kill or cause grievous bodily harm.
• What is the difference between direct and indirect (oblique) intention?


  Direct intention is the aim to kill, while indirect intention is when death or serious injury is a virtual certainty.
• What should a jury consider according to Woollin [1998] regarding intention?


  A jury should be sure that death or serious injury was a virtual certainty as a result of the defendant’s actions.
• What are the steps to approach a murder scenario question?


  1. Identify topic/s from the question.
  2. Consider topic elements needed for analysis.
  3. Annotate the scenario for key information.
• What is expected from candidates when analyzing whether the law on murder should be reformed?


  Demonstrate knowledge of the English legal system and evaluate the need for reform.
• What is the structure of an essay question on murder reform?


  • Introduction: Define and consider the angle of the question.
  • Main Body: Aim for 5 points, both sides of the argument.
  • Conclusion: Answer the question and mention future reforms if relevant.
• What is one problem with the current murder laws mentioned in the study material?

  Murder laws developed bit-by-bit and are not entirely coherent.
• What is a suggested reform regarding the mens rea of murder?


  It should be altered to reduce overlap with s18 GBH.
• What is a criticism of the current sentencing for murder?

  Mandatory life imprisonment does not adequately represent the varied circumstances of defendants.
• What is a limitation regarding defenses in murder cases?


  The defense of duress is not available for murder.
• What is the current legal status of euthanasia according to the study material?


  Currently, killing someone at their request is considered murder.
• What was proposed in the Law Commission Report regarding homicide offences?


  A three-tier structure for homicide offences: first-degree murder, second-degree murder, and manslaughter.
• What was the Government's response to the Law Commission's proposals?


  They did not rule out reclassification of murder and adopted some recommendations.
• What are some key cases related to the elements of murder and involuntary manslaughter?

  • R v Carey: With Malice Aforethought
  • R v White: But-for Test
  • R v Gibbins and Proctor: Duty of Care
  • R v Inglis: Under the King’s Peace
• What are the key elements of voluntary manslaughter?


  • Unlawful killing
  • D suffered loss of self-control
  • Abnormality of mental functioning
  • Significant contributory factor
• What are the key elements of involuntary manslaughter?


  • Unlawful killing
  • Breach of duty
  • Causation
  • Gross negligence
• What is the significance of the case R v Malcherek and Steel [1981]?


  It established that a person is legally dead if brain dead.
• What does the term "abnormality of mental functioning" refer to in the context of voluntary manslaughter?


  It refers to a significant mental condition affecting the defendant's actions.
• What is the normal person test in the context of voluntary manslaughter?


  It assesses the defendant's circumstances based on age and sex.
• What is the qualifying trigger in voluntary manslaughter?


  It is a circumstance of extremely grave character that causes the defendant to lose self-control.
• What is the significance of the case R v Nicklinson regarding euthanasia?


  It highlights the legal issues surrounding euthanasia and the need for reform.
• What is the purpose of the Draft Criminal Code 1989?


  To codify criminal law, including the offence of murder based solely on intention to kill.
• What is the Law Commission's proposal for a new homicide act?


  To create a three-tier structure for homicide offences.
• What is the significance of the Coroners and Justice Act 2009 in relation to murder reform?


  It enacted many recommendations from the Law Commission regarding homicide.
• What is the role of the consultation paper regarding murder and manslaughter reform?


  It discusses proposals for reform of the law and considers reclassification of murder.
• What is the significance of the case R v Bellfield in the context of sentencing?


  It illustrates the lack of discretion in sentencing for murder.