Criminal Law: Murder and Homicide Offences

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Questions and Answers

What is the requirement for D to be liable for murder?

D must intend to cause grievous bodily harm to V

D must commit homicide under the king's peace

D must unlawfully cause the death of V

All of the above (correct)

What is the Act that makes any murder or manslaughter committed by a British citizen outside the UK an offence that can be tried and punished in the jurisdiction of E&W?

Coroners and Justice Act 2009

Corporate Manslaughter and Corporate Homicide Act 2007

Offences Against the Person Act 1861 (correct)

Homicide Act 1957

What is the requirement for the actus reus of murder to be satisfied?

D must specify a particular conduct that causes V's death

D must intend to kill or cause grievous bodily harm

D must unlawfully kill another person under the king's peace (correct)

D must be a British citizen

What is the circumstance that must be present for D to be liable for murder?

V must be under the king's peace Signup and view all the answers

What is the significance of the 'unlawful killing' circumstance in the actus reus of murder?

It means that the killing must satisfy all actus reus and mens rea elements and be done without a lawful defence Signup and view all the answers

What is the status of the victim that will require discussion in homicide offences?

When does human life begin Signup and view all the answers

What is the exception to general defences that will not apply to murder?

Duress Signup and view all the answers

What is the name of the doctrine that applies to doctors treating terminally ill patients?

Doctrine of double effect Signup and view all the answers

What is the outcome if a defendant satisfies one of the partial defences to murder?

Liability for murder is reduced to voluntary manslaughter Signup and view all the answers

What is the essential element of the defence of diminished responsibility?

Recognised medical condition leading to an abnormality of mental functioning Signup and view all the answers

What is the result of satisfying the elements of one of the general defences to murder?

Complete acquittal Signup and view all the answers

How many partial defences are there to murder?

3 Signup and view all the answers

When does an unborn child become a person within criminal law?

When the foetus is fully expelled from the womb and alive Signup and view all the answers

What is the exception to the rule that a person must intend to kill or cause GBH to be guilty of murder?

Intent to cause prenatal harm Signup and view all the answers

When is a person considered medically dead?

When there is complete and irreversible non-functioning of the brain stem Signup and view all the answers

What is the actus reus of murder?

Causing death Signup and view all the answers

What is the mens rea of murder?

Intention to kill or cause GBH Signup and view all the answers

What is the importance of the intention to cause GBH in the context of murder?

It is an alternative to an intention to kill Signup and view all the answers

What is the requirement for constructive liability in the context of murder?

Intent to cause GBH Signup and view all the answers

What is the additional element of the mens rea of murder?

Voluntary act or omission Signup and view all the answers

What is the requirement for the victim in the context of murder?

The victim must be a person under the king's peace Signup and view all the answers

What is the significance of the 'double transaction' in the context of murder?

It rules out transfer of malice from the mother to the foetus Signup and view all the answers

Study Notes

Overview of Murder and Homicide Offences

Homicide offences involve the killing of a person, specifically categorized into murder and manslaughter.
Liability for homicide is established through proof of a homicide offence.

Definition of Murder

Murder is defined as unlawfully causing the death of another person with intention to kill or cause grievous bodily harm.
A life sentence may not always mean a lifetime in prison, except for whole life orders.
Relevant acts include the Homicide Act 1957, the Coroners and Justice Act 2009, and the Corporate Manslaughter and Corporate Homicide Act 2007.
Murder remains a common law offence, reliant on case precedent.
Causation must be established, but delays of over three years or previous prosecution for a related non-fatal offence require Attorney General’s consent to prosecute for murder.

Actus Reus of Murder

The Actus Reus (AR) requires unlawful killing under the King’s peace.
Any conduct leading to death can satisfy the AR; specific actions like shooting or stabbing are unnecessary.
Murder can occur by omission, provided omissions liability is satisfied.
Key circumstances include:
- Under the King’s Peace: Killing foreign enemies in war is not murder.
- Unlawful Killing: Killing must meet all AR and Mens Rea (MR) elements without lawful defenses.
- Victim Status: Victim must be a human being; discussions on when human life begins are significant.

Defences to Murder

General defences include mental abnormalities, justification of actions, or lack of viable choice; satisfaction of these leads to acquittal.
For terminally ill patients, doctors may act under the doctrine of double effect, where the intention of good end (pain relief) leads to a harmful consequence (death).

Partial Defences to Murder

Three partial defences exist reducing liability to voluntary manslaughter:
- Loss of Self-Control: D kills due to fear of serious violence or extreme circumstances, with reasonable person standard applied.
- Diminished Responsibility: D suffers from a medical condition causing impaired functioning and understanding.
- Suicide Pact: D kills V based on a mutual agreement to die together.

Determining Personhood and Life Status

An unborn child (foetus) is not considered a person in criminal law; personhood begins once fully expelled from the womb and alive.
Prenatal harm causing postnatal death can satisfy AR for murder, but establishing MR may be challenging.
Death is not immediately assumed when breathing or heartbeat ceases; ‘brain death’ is the standard for legal death.

Causation in Murder

Conduct must cause the victim's death, involving factual and legal causation.
Acceleration of death in terminally ill patients satisfies AR of murder.

Mens Rea of Murder

Defined as ‘malice aforethought’; however, MR need not be malicious or premeditated.
D must have intention to kill or cause grievous bodily harm at the time of conduct.
Direct intent involves acting to cause death, while oblique intent occurs when the outcome is virtually certain.
Intention can be based on subjective purpose or foresight of virtual certainty; reckless behavior does not satisfy MR for murder.
Constructive liability applies when intent is to cause GBH but results in death.

Other MR Requirements

Act or omission causing death must be voluntary.
D must know that the victim is a person under the King’s peace, consolidating MR elements necessary for murder.

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Description

Test your knowledge of criminal law, specifically murder and homicide offences. Learn about the elements of murder, the differences between murder and manslaughter, and the sentences associated with these crimes. Understand the legal concepts and principles surrounding these serious offences.