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MURDER
https://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?

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MURDER

  • 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
  • 6. DEFINITION OF MURDER  Look at the definition or murder – what does it mean?
  • 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.
  • 8. GUILTY ACT unlawful killing 1. O of a human being 2. under the Queen’s peace
  • 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?