Murder
Homicide= several criminal offences concerned with unlawful KILLING OF ANOTHER human,
Murder= unlawful killing with intent to cause death or serious harm.
Manslaughter= killing with some fault but less than above.
Voluntary manslaughter- 3 types.
Involuntary manslaughter- 3 types?
Other specific offences involving causing death.
Accidental death= killing with insufficient fault. No come.
Suicide- killing oneself. No longer crime.
STRUCTURE:
1. Victim dies.
2. Actus reus present?
3. Did d intend to kill or cause GBH?
Yes- murder- mitigating circumstances- voluntary manslaughter (loss of control,
diminished responsibility, suicide pact)
No- involuntary manslaughter- (unlawful act, gross negligence, subjective
recklessness)
Actus reus of homicide
Unlawful killing og a human being under king’s peace.
Unlawful- no defence of other lawful reason.
Killing- factual and legal causation.
Human being- from birth, being independent of Mother Enoch, brain stem death Bland.
King’s peace- within jurisdiction of courts.
KILLING- death is inevitable.
Murder is killing but accelerating death- Dyson [1908]
R v Michael Adebolajo [2014]
Offender can be tried for murder if he is British subject.
Murder is homicide with ‘malice aforethought’.
Intention to kill or intention to cause grievous bodily harm- Vickers, Moloney, Hancock &
Shankland, Woollin. Directly or indirectly.
SENTENCE:
Mandatory life sentence. Minimum custodial term.
Adults aged 21 years old and over there are 4 starting points- whole life, 30 years, 25
years, 15 years.
Potential release- if parole board satisfied on public safety. Or on licence for rest of
life.
Liable to be recalled to custody at any time if any offences committed or other terms
of licence- probation sessions, residence.
Sentencing act 2020 s322 and schedule 21.
Homicide= several criminal offences concerned with unlawful KILLING OF ANOTHER human,
Murder= unlawful killing with intent to cause death or serious harm.
Manslaughter= killing with some fault but less than above.
Voluntary manslaughter- 3 types.
Involuntary manslaughter- 3 types?
Other specific offences involving causing death.
Accidental death= killing with insufficient fault. No come.
Suicide- killing oneself. No longer crime.
STRUCTURE:
1. Victim dies.
2. Actus reus present?
3. Did d intend to kill or cause GBH?
Yes- murder- mitigating circumstances- voluntary manslaughter (loss of control,
diminished responsibility, suicide pact)
No- involuntary manslaughter- (unlawful act, gross negligence, subjective
recklessness)
Actus reus of homicide
Unlawful killing og a human being under king’s peace.
Unlawful- no defence of other lawful reason.
Killing- factual and legal causation.
Human being- from birth, being independent of Mother Enoch, brain stem death Bland.
King’s peace- within jurisdiction of courts.
KILLING- death is inevitable.
Murder is killing but accelerating death- Dyson [1908]
R v Michael Adebolajo [2014]
Offender can be tried for murder if he is British subject.
Murder is homicide with ‘malice aforethought’.
Intention to kill or intention to cause grievous bodily harm- Vickers, Moloney, Hancock &
Shankland, Woollin. Directly or indirectly.
SENTENCE:
Mandatory life sentence. Minimum custodial term.
Adults aged 21 years old and over there are 4 starting points- whole life, 30 years, 25
years, 15 years.
Potential release- if parole board satisfied on public safety. Or on licence for rest of
life.
Liable to be recalled to custody at any time if any offences committed or other terms
of licence- probation sessions, residence.
Sentencing act 2020 s322 and schedule 21.
