This document provides information about the definition and procedures related to murder cases in the UK legal system. It defines murder as the unlawful killing of another person under the Queen's peace, with malice aforethought, as outlined by Sir Edward Coke in 1644. It notes that the typical murder rate in the UK is around 600 cases per year, with most victims being male and killed by sharp instruments or acquaintances/partners. It also discusses the need to prove the defendant's actions caused the victim's death and that they had the guilty mind (intention) required for a murder conviction.
2. 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
3. PROCEDURE
See if you can put the steps in the order that
a criminal prosecution will take
4. 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?
5. 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
7. 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.
9. 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.
10. 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
11. GUILTY MIND
Malice aforethought
Express/implied
Intention to kill or intention to cause GBH
Motive is not intention
12. 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
13. 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.
14. EVIDENCE
Look at the list of evidence – which items do
you think the court will look at when the
defendant is tried for murder?