MURDERhttps://www.youtube.com/watch?v=CAqH8HOBjno

The unlawful killing of a reasonable person who is in being and under the King’s peace with malice aforethought either express or implied Sir Edward Coke 1644

PROCEDURE See if you can put the steps in the

order that a criminal prosecution will take

MURDER MOST FOUL There have been many famous /

infamous murder cases. How many can you think of?

Oldest? Recent cases? Why do these cases attract attention? What is the typical profile of a murderer

/ what’s a typical murder case?

OFFICE FOR NATIONAL STATISTICS Trend is downwards, currently around 600 per year (2012

= 552). 9.8 per million pop Generally about 50 per year involve a gun (7%) More than two thirds of Vs were male Most common method is by sharp instrument (36%) Female Vs are more likely to be killed by someone they

know well (current or ex-partner) Male Vs are more likely to be killed by a friend or

acquaintance Vs under 16 are most likely to be killed by a parent or

step-parent

DEFINITION OF MURDER Look at the definition or murder – what

does it mean?

MURDER Common law – there is no Act of Parliament making it illegal to murder somebody.

Result crime – there has to be a dead body.

A British citizen may be prosecuted for murder in an English court, no matter where in the world the murder took place.

GUILTY ACT

unlawful killing

1. O of a human being

2. under the Queen’s peace 

DEATH  Death is a medical term. An unborn baby is not alive and cannot

be murdered, but someone on a life support machine is, and can.

Under the Queen’s peace— Does not apply to enemy aliens, during war.

THE DEFENDANT’S ACT MUST CAUSE THE VICTIM’S DEATH

 Matters which may break the chain

of causation Actions of a third party Victim’s actions Unforeseen natural event 

GUILTY MIND Malice aforethought Express/implied Intention to kill or intention to cause

GBH Motive is not intention

DISCUSSION – LOOK AT THE NEWPAPER ARTICLE – DO YOU THINK THE DEFENDANT WAS GUILTY OF MURDER?

http://www.bbc.co.uk/news/uk-england-coventry-warwickshire-19548485

http://www.dailymail.co.uk/news/article-2201107/Ian-Chaundy-killed-gay-lover-moment-madness-pushing-bus.html http://www.dailymail.co.uk/news/article-2208999/Property-developer-cleared-killing-partner-pushing-bus.html

OBLIQUE/INDIRECT INTENTION

Not necessarily an intended result.  “Foresight of consequences” may be

evidence of D’s state of mind.  This does not prove intention, but it

provides evidence, which may show it. 

EVIDENCE Look at the list of evidence – which

items do you think the court will look at when the defendant is tried for murder?