Murder

• What is murder?

  Common law offence , Unlawful homicide
• What is Sir Edwards Cokes definition of murder ?

  The unlawful killing of a reasonable person in being and under the kings peace with malice aforethought express implied .
• What is the actus rea of murder ?

  The unlawful killing of reasonable person in being and under the kings peace.
• What is the mens rea of murder ?

  Malice aforethought , expressed or implied .
• What is an example case for the mens rea for murder ?

  Vickers 1957 : the court held that the vicious attack on the lady was enough for the intention of murder .
• Is a feotus a human being ?

  A feotus cannot be murdered because it is not defined in law as ‘in being’ as it has no existence without its mother.

  However, deliberate injury causing death to a feotus would make the attacker criminally liable as shown in Attorney General’s Reference No.3 of 1994 (1997)
• Why is killing an enemy of war not murder?

  It is not under the king’s peace.
• When is murder lawful?

  In self-defence, prevention of crime or the defendant used reasonable force in the circumstances.
• What is the “year and a day” rule?

  The rule that the death should occur within a year and a day for there to be a prosecution.

  this rule is now out of date and the rule was abolished by the Law reform Act 1996 so there is no time limit.
• What is the sentence for murder?

  For defendants over 18, the judge has to pass a sentence of life imprisonment.

  Then the judge can can give a minimun serving sentence before any applications can be made for realease on licence.

  The guidelines are provided by the Criminal Justice Act 2003:

  * Not available for serious cases e.g. premeditated killings, child murders

  * 30 year minimum for use of firearms,