Murder

Question 1

What is murder?

Answer 1

Unlawful homicide with malice aforethought

Question 2

What is the consequence of murder at sentencing?

Answer 2

Mandatory life sentence

Judge has discretion in recommending a minimum term before a prisoner can be released on licence

Question 3

What is the actus reus of murder?

Answer 3

Unlawful killing of a person who is in being under the King’s peace

Question 4

What is the unlawful requirement of the AR?

Answer 4

Must not be a lawful killing.

Will be a lawful killing if:

• killing enemy soldier in battle
• advancement of justice
• self-defence

Question 5

What is the killing requirement of the AR?

Answer 5

Prosecution must show D caused death of victim:

• factual causation - but for D’s acts, V would not have died
• legal causation - D’s acts were the substantial cause of V’s death

Question 6

What is the human being requirement of the AR?

Answer 6

Must be a living person

So not a corpse or unborn foetus.

Question 7

When does a person come into being?

Answer 7

When they are fully expelled from the mother’s body and born alive.

Does not matter if umbilical cord is still attached

Question 8

What is the King’s peace requirement of the AR?

Answer 8

Be within jurisdiction of England and Wales

Question 9

What is malice aforethought for murder?

Answer 9

• intention to kill
• intention to cause GBH meaning serious harm
• no need for any malice or premeditation