Week 9 tutorial: Murder
D commits murder where she, as a person, unlawfully causes the death of V who is also a human
being, with the intention to kill or cause serious bodily harm- called grievous bodily harm (GBH)
under the Queen’s peace.
Murder is considered the most serious crime, it is distinguished as most serious by the requirement
of proof of intent. Murder attracts a mandatory life sentence.
Where D satisfies the actus reus and mens rea elements she is liable irrespective of her motive.
Thus, murder is committed where D kills due to hatred or spite, but it is also committed where D
intentionally kills, often with V’s consent, in order to relieve pain or suffering.
Actus reus of murder: It is satisfied where D unlawfully kills another person under the Queen’s
peace.
Acts and omissions
Murder proscribes any conduct that causes the result— any conduct causing death. It is
necessary to identify some conduct by D, but as long as it causes the result, the type of conduct is
irrelevant. D can commit murder by omission, as long as the requirements of omissions liability are
satisfied. Gibbins and Proctor
Under the Queen’s peace
Where soldiers kill alien enemies in the heat of war, and in exercise thereof, the killing is not under
the Queen’s peace and therefore is not a murder.
s.9 of the OAPA1961 makes any murder or manslaughter committed by a british citizen, committed
on any land outside the UK, an offence that can be tried and punished in England.
Where a soldier kills another, even an alien enemy, in a war zone and it is not done in the heat of
war, this will be considered as having been committed under the Queen’s peace and D will satisfy
the acts reus of murder.
Unlawful killing
To consider a killing unlawful is simply to stress that it must satisfy all the actus reus and mens rea
elements, and be done without lawful defence. Thus, for example, where D kills in self-defence,
she is not liable for murder.
V must be a person
For murder, the victim has to be a human being.
A) When does V begin to be a person: An unborn child is not a person within the criminal law.
Thus, where D kills an unborn child cannot be liable for committing murder.
V becomes a person in law when she is ‘fully expelled from the womb’ and alive.
B) When does V stop being a person: no authoritative definition of death within the criminal law.
Death should not always be assumed where V stops breathing or where V’s heart stops. Where
V’s condition falls short of brain death, e.g. a persistent vegetative state; a profound and
permanent coma etc, V will not be considered dead and therefore remains a ‘person’ capable of
being murdered.
Causing death
To complete the actus reus of murder, D’s act or omission must cause V’s death. Causing death
includes any ‘acceleration of death’.
D commits murder where she, as a person, unlawfully causes the death of V who is also a human
being, with the intention to kill or cause serious bodily harm- called grievous bodily harm (GBH)
under the Queen’s peace.
Murder is considered the most serious crime, it is distinguished as most serious by the requirement
of proof of intent. Murder attracts a mandatory life sentence.
Where D satisfies the actus reus and mens rea elements she is liable irrespective of her motive.
Thus, murder is committed where D kills due to hatred or spite, but it is also committed where D
intentionally kills, often with V’s consent, in order to relieve pain or suffering.
Actus reus of murder: It is satisfied where D unlawfully kills another person under the Queen’s
peace.
Acts and omissions
Murder proscribes any conduct that causes the result— any conduct causing death. It is
necessary to identify some conduct by D, but as long as it causes the result, the type of conduct is
irrelevant. D can commit murder by omission, as long as the requirements of omissions liability are
satisfied. Gibbins and Proctor
Under the Queen’s peace
Where soldiers kill alien enemies in the heat of war, and in exercise thereof, the killing is not under
the Queen’s peace and therefore is not a murder.
s.9 of the OAPA1961 makes any murder or manslaughter committed by a british citizen, committed
on any land outside the UK, an offence that can be tried and punished in England.
Where a soldier kills another, even an alien enemy, in a war zone and it is not done in the heat of
war, this will be considered as having been committed under the Queen’s peace and D will satisfy
the acts reus of murder.
Unlawful killing
To consider a killing unlawful is simply to stress that it must satisfy all the actus reus and mens rea
elements, and be done without lawful defence. Thus, for example, where D kills in self-defence,
she is not liable for murder.
V must be a person
For murder, the victim has to be a human being.
A) When does V begin to be a person: An unborn child is not a person within the criminal law.
Thus, where D kills an unborn child cannot be liable for committing murder.
V becomes a person in law when she is ‘fully expelled from the womb’ and alive.
B) When does V stop being a person: no authoritative definition of death within the criminal law.
Death should not always be assumed where V stops breathing or where V’s heart stops. Where
V’s condition falls short of brain death, e.g. a persistent vegetative state; a profound and
permanent coma etc, V will not be considered dead and therefore remains a ‘person’ capable of
being murdered.
Causing death
To complete the actus reus of murder, D’s act or omission must cause V’s death. Causing death
includes any ‘acceleration of death’.
