Murder

Question 1

Who gave the definition of murder and where?

Answer 1

Sir Edward Coke in the Institutes of the laws of England 1797

Question 2

What is the definition of murder?

Answer 2

The unlawful killing of a reasonable person in being under the kings peace with malice aforethought (within a year and a day).

Question 3

What is seen as a reasonable person in being and what reference can we use?

Answer 3

AG ref No.3 1994: As soon as an infant breaths independently of its mother

Question 4

What is classed as the end of life (cases)?

Answer 4

Where the brain stem has died (R v malcherek and steel 1981)

Question 5

What is malice a forethought and where was it defined?

Answer 5

“Intention to kill or intention to cause GBH” (R v Moloney 1985)

Question 6

How was the year and a day rule abolished?

Answer 6

Law reform (year and a day rule) act 1996.

Question 7

What happens concerning the year and a day rule now?

Answer 7

No time limit: Att General decides if a prosecution can be brought

Question 8

Sentence for murder

Answer 8

Under schedule 21 Sentencing Act 2020: mandatory life sentence. The judge will set a minimum term of what they have to spend.

Question 9

Specifics of the Minimum tariff

Answer 9

Minimum 15 years. With use of a gun/knife: min. 25