QUESTION 2 - Murder
Karen has been in a relationship with Paul for 20 years and they have a 7-year-old daughter,
Alice. During their relationship, Paul had subjected Karen to physical abuse and constantly
taunted her about her weight and the way she looks calling her derogatory names and
insults on a regular basis.
Karen also suspects Paul of having an affair with her sister, Naomi. Karen and Naomi have
never been particularly close when they were growing up. While at a family birthday party,
Karen talked to Naomi. Naomi says to Karen “I have been having an affair with Paul for 2
years, Paul has had enough of living with you. He doesn’t fancy you anymore and wants to
live with me and bring Alice with him”.
Karen then gets on her scooter and rides to Paul’s work office to waits outside for him until
he finishes work. Some time later Paul emerges from work and sees Karen parked on her
scooter. Paul looked angry and starts walking towards her. When he is close Karen gets off
her scooter and stabs Paul. Paul dies at the scene.
Karen has been charged with the murder of Paul.
Assess Karen’s criminal liability for Paul’s death, including any potential partial defences
available to her.
Karen is potentially guilty of the common law offence of murder, which carries a mandatory
life sentence (originally was the death sentence which has been abolished). There is no
statutory definition, so the only definition comes from Sir Edward Coke, which is “the
unlawful killing of a human being under the Queen’s peace with malice aforethought either
expressed or implied.” The burden rests on the prosecution, to prove the defendant is guilty
of murder beyond all reasonable doubt.
The actus reus for murder requires an unlawful killing of a human being, under the Queen’s
peace. In this scenario, the killing appears to be unlawful (subject to defences to be
discussed later), as there is a positive act (Cheshire – firing a gun was a positive act) when
Karen stabbed Paul. Paul is a human being, for the purposes of murder, and not a foetus (AG
Ref 3). Death of a foetus is not murder, as an “unborn child is uncapable of being killed”
Karen has been in a relationship with Paul for 20 years and they have a 7-year-old daughter,
Alice. During their relationship, Paul had subjected Karen to physical abuse and constantly
taunted her about her weight and the way she looks calling her derogatory names and
insults on a regular basis.
Karen also suspects Paul of having an affair with her sister, Naomi. Karen and Naomi have
never been particularly close when they were growing up. While at a family birthday party,
Karen talked to Naomi. Naomi says to Karen “I have been having an affair with Paul for 2
years, Paul has had enough of living with you. He doesn’t fancy you anymore and wants to
live with me and bring Alice with him”.
Karen then gets on her scooter and rides to Paul’s work office to waits outside for him until
he finishes work. Some time later Paul emerges from work and sees Karen parked on her
scooter. Paul looked angry and starts walking towards her. When he is close Karen gets off
her scooter and stabs Paul. Paul dies at the scene.
Karen has been charged with the murder of Paul.
Assess Karen’s criminal liability for Paul’s death, including any potential partial defences
available to her.
Karen is potentially guilty of the common law offence of murder, which carries a mandatory
life sentence (originally was the death sentence which has been abolished). There is no
statutory definition, so the only definition comes from Sir Edward Coke, which is “the
unlawful killing of a human being under the Queen’s peace with malice aforethought either
expressed or implied.” The burden rests on the prosecution, to prove the defendant is guilty
of murder beyond all reasonable doubt.
The actus reus for murder requires an unlawful killing of a human being, under the Queen’s
peace. In this scenario, the killing appears to be unlawful (subject to defences to be
discussed later), as there is a positive act (Cheshire – firing a gun was a positive act) when
Karen stabbed Paul. Paul is a human being, for the purposes of murder, and not a foetus (AG
Ref 3). Death of a foetus is not murder, as an “unborn child is uncapable of being killed”
