Murder
Fatal Offences
Murder
Voluntary Manslaughter - loss of control - diminished responsibility
Involuntary Manslaughter - unlawful act manslaughter - gross negligence manslaughter
Murder
‘The unlawful killing of a human being in the King’s peace, with malice aforethought.’ – Sir
Edward Coke 1797.
Actus Reus of Murder - the unlawful killing can be through either an act or an omission.
Unlawfully killing a human being under the king’s peace.
- Death within a year and a day (abolished in 1996)
Unlawful Killing
- Can be a direct or indirect act.
- Can also be an omission where there is a duty.
- All unlawful killings are result crimes and so causation must also be established.
Some killings may be classed as lawful.
- For example, killing in self-defence.
- Also, when the death penalty was implemented, such state ordered executions would
be classed as lawful.
- Soldiers and police may kill in the course of their duties but will be liable for murder if
they go beyond their duty or use excessive force. R v Clegg (1995)
R v Clegg (1995) – the defendant was a soldier serving in Northern Ireland. He was
manning a vehicle checkpoint along with four other soldiers. A car approached the first
checkpoint and slowed down; the car did not stop. The defendant fired three bullets at the
car, the final bullet killed the driver. The car held young ‘joyriders’, not terrorists.
Administering pain relief – some doctors may also be responsible for an unlawful killing if
they go beyond their powers.
R v Dr Bodkins Adams (1957) – Dr Adams has administered a lethal dose of painkillers to
a terminally ill patient.
Defence of necessity – in some instances a defence of necessity may be used. An example
for this is seen in the case of Re A (2001).
Re A (2001) – Conjoined twins. Doctors needed to separate twins. The weaker one will die
to save the stronger twin. Not an unlawful killing (doctors were held to have acted in stronger
twin’s defence.)
Defence of consent – the defence of consent does not apply to murder. This has been seen
in the case of Pretty v UK (2002).
Pretty v UK (2002) – Diane Pretty suffered from Motor Neurone Disease. Diane wished to
be euthanized, but this was denied.
Fatal Offences
Murder
Voluntary Manslaughter - loss of control - diminished responsibility
Involuntary Manslaughter - unlawful act manslaughter - gross negligence manslaughter
Murder
‘The unlawful killing of a human being in the King’s peace, with malice aforethought.’ – Sir
Edward Coke 1797.
Actus Reus of Murder - the unlawful killing can be through either an act or an omission.
Unlawfully killing a human being under the king’s peace.
- Death within a year and a day (abolished in 1996)
Unlawful Killing
- Can be a direct or indirect act.
- Can also be an omission where there is a duty.
- All unlawful killings are result crimes and so causation must also be established.
Some killings may be classed as lawful.
- For example, killing in self-defence.
- Also, when the death penalty was implemented, such state ordered executions would
be classed as lawful.
- Soldiers and police may kill in the course of their duties but will be liable for murder if
they go beyond their duty or use excessive force. R v Clegg (1995)
R v Clegg (1995) – the defendant was a soldier serving in Northern Ireland. He was
manning a vehicle checkpoint along with four other soldiers. A car approached the first
checkpoint and slowed down; the car did not stop. The defendant fired three bullets at the
car, the final bullet killed the driver. The car held young ‘joyriders’, not terrorists.
Administering pain relief – some doctors may also be responsible for an unlawful killing if
they go beyond their powers.
R v Dr Bodkins Adams (1957) – Dr Adams has administered a lethal dose of painkillers to
a terminally ill patient.
Defence of necessity – in some instances a defence of necessity may be used. An example
for this is seen in the case of Re A (2001).
Re A (2001) – Conjoined twins. Doctors needed to separate twins. The weaker one will die
to save the stronger twin. Not an unlawful killing (doctors were held to have acted in stronger
twin’s defence.)
Defence of consent – the defence of consent does not apply to murder. This has been seen
in the case of Pretty v UK (2002).
Pretty v UK (2002) – Diane Pretty suffered from Motor Neurone Disease. Diane wished to
be euthanized, but this was denied.
