Criminal liability for murder?
Actus Reus + Mens Rea + No defence
Murder is a common law offence..
what does this mean?
there is no statutory definition of murder
definition from 18th C quoted as providing the actus reus for murder?
‘The unlawful killing if a reasonable person who is in being and under the King’s (now Queens) peace’
Breaking down the actus reus for murder:
- Killing must be unlawful (killing would be lawful if D had a complete defence)
- Victim must be a reasonable person in being (human being) i.e. a foetus cannot be murdered but it is possible to murder someone who is being kept alive by a machine
- Murder is a result crime which means we must prove causation (factual and legal cause with no break in the chain)
Breaking down the mens rea for murder:
- Traditionally known as ‘malice aforethought’ but this is misleading as there is no malice or remediation required
… It has been taken to mean, intention to kill or intention to cause grievous bodily harm (Vickers & DDP v Smith) - Intention to kill or cause GBH includes both direct intent and oblique intent
Distinguishing between murder and voluntary manslaughter
D has the necessary actus reus and mens rea but can plea to a partial defence to murder, reducing the offence from murder to voluntary manslaughter
Unlike full defences (which would lead to acquittal) partial defences just lessen the charge.
what sentencing does murder carry?
how does this vary to manslaughter?
murder = mandatory sentence of life imprisonment, judge has no discretion when sentencing manslaughter = discretion when sentencing, but life imprisonment is still possible
