CL – Week 5 – Homicide 1: Murder
- Malice aforethought /= wickedness, malicious, evil character premeditation
- Common law offence – not defined in statute
Practical context
- Criminal law considers murder the most criminal offence and this is reflected with the
sentencing for murder
Metropolitan police – various specialist units – have specified homicide squads called the Major
Investigation Team (MIT) form part of the Homicide and Serious Crime Command – includes forensic
teams
Crown Prosecution Service – public interest to prosecute murder cases – subject to sufficient evidence
almost always required even if a ‘mercy killing’ of a sick relative the CPS are bound to prosecute -
murder can only be tried in the Crown Court – CPS may accept a plea to manslaughter instead of Murder
Sentencing
- Mandatory life sentence – 3 parts
o Minimum term/tariff
o Public protection – determine if it's safe for them to be released on license
o License / on license for the rest of their life and can be recalled at any time
Whole life order – if judge finds the crime so heinous, they can be imposed that they remain in prison
indefinitely
Actus Reus of murder
A common law offence
“Murder is an unlawful killing of a human being under the Queens peace with an intention to kill or
intention to cause Grevious bodily harm”
Any conduct that causes the result – death of V - “unlawful killing of a human being under the Queens
peace”
Conduct – type of conduct not specified but must be identified – this can be an omission
Under the Queens peace – soldiers that kill in the heat of war, the killing is not under the QP and will not
be viewed as murder – usually not necessary to discuss in an exam question
Victim must be a person – what is a person? When does life begin – excludes a fetus – this is not murder
as in law it is not a person – V not a person until they have been born and has an existence independent
of the mother before it can be protected by these laws – Case of R v Poulton says no need for the
umbilical cord to be cut
When does life end – when their brainstem ceases to be active irrespective of whether they are being
kept alive by artificial means– cases of R v Inglis (2010) and R v Malcherek and Steel (1981 – courts have
taken the medical definition?
- Malice aforethought /= wickedness, malicious, evil character premeditation
- Common law offence – not defined in statute
Practical context
- Criminal law considers murder the most criminal offence and this is reflected with the
sentencing for murder
Metropolitan police – various specialist units – have specified homicide squads called the Major
Investigation Team (MIT) form part of the Homicide and Serious Crime Command – includes forensic
teams
Crown Prosecution Service – public interest to prosecute murder cases – subject to sufficient evidence
almost always required even if a ‘mercy killing’ of a sick relative the CPS are bound to prosecute -
murder can only be tried in the Crown Court – CPS may accept a plea to manslaughter instead of Murder
Sentencing
- Mandatory life sentence – 3 parts
o Minimum term/tariff
o Public protection – determine if it's safe for them to be released on license
o License / on license for the rest of their life and can be recalled at any time
Whole life order – if judge finds the crime so heinous, they can be imposed that they remain in prison
indefinitely
Actus Reus of murder
A common law offence
“Murder is an unlawful killing of a human being under the Queens peace with an intention to kill or
intention to cause Grevious bodily harm”
Any conduct that causes the result – death of V - “unlawful killing of a human being under the Queens
peace”
Conduct – type of conduct not specified but must be identified – this can be an omission
Under the Queens peace – soldiers that kill in the heat of war, the killing is not under the QP and will not
be viewed as murder – usually not necessary to discuss in an exam question
Victim must be a person – what is a person? When does life begin – excludes a fetus – this is not murder
as in law it is not a person – V not a person until they have been born and has an existence independent
of the mother before it can be protected by these laws – Case of R v Poulton says no need for the
umbilical cord to be cut
When does life end – when their brainstem ceases to be active irrespective of whether they are being
kept alive by artificial means– cases of R v Inglis (2010) and R v Malcherek and Steel (1981 – courts have
taken the medical definition?
