Murder evaluation

Question 1

What are some criticisms of the law on murder ?

Answer 1

1. The law on Murder is outdated- Definition of a human being. This is old fashioned and does not act as a clear definition– a more modern definition of what a human being is needs to be defined. New legislation has extended the term where murder can be charged within three years instead of a year and a day. in addition to this the Attorney General has the authority to charge someone with murder even after this period has expired if he considers the victims death was due to the actions of the offender, for example transmitting a virus such as HIV.
2. Mandatory life sentence- This doesn’t allow for a distinctions to be drawn between different types of murder when imposing a sentence, - e.g. from a premeditated killing to a mercy killing (Inglis). Sentences should be proportionate to the offence – as long as the sentence is mandatory life the law cannot do this
3. Intent to cause GBH- Issues with intention – no clear definition of intention (statute) just guidelines -issues and inconsistencies. And the issue that it includes intention to cause GBH- The Law Commission suggests a statutory definition, but this has since been removed.

Question 2

What are some of reforms of murder.

Answer 2

• Suggestions for reform of the law on murder in particular that of the Law Commission that -murder should be divided into two separate offences: first degree murder and second degree murder; support could be provided by reference to the July 2008 consultation
  paper: Murder, Manslaughter and Infanticide: Proposals for Reform of the Law, CP
• Partial defences have been reformed to Loss of Control and Dimisshed Responsibility under Coroners and Justice Act – after Law Commission suggestions

Question 3

What are some potential reforms on the law of murder

Answer 3

• 5. To allow defence of duress for murder. The Law Commission in its report Murder, Manslaughter and Infanticide (2006) have proposed that duress be a complete defence for murder and that the

Question 4

Summarise the law on murder

Answer 4

ACTUS REUS
- Unlawful killing

• Killing - the act of killing, proved through causal link
• Human being - not a foetus (separate from the mother) R v Poulton; A-G Ref no.3 of 1994, not brain-stem dead – R v Malcherek
• Under the Queen’s Peace – not wartime

Death Occurs – Year and one day, abolished. Now within 3 year, 3 years+ AG consent needed
MR
- causation - Factual causation – but for R v White, Legal Causation – more than the minimal cause - Kimsey

• Outline mens rea in full – Malice aforethought – express or implied (R v Vickers; R v Janjua and Choudhary), Intention – direct and Indirect (virtual certainty test – R v Woollin)
  • Illustrate with cases.