The Basics of Murder in English Law

Criminal Law Series: Murder, part 1

The Basics of Murder in English Law

1. Concepts to help you understand:

1.1 Jurisdiction = extent of legal power to make decisions and judgements

1.2 Mens rea = criminal intent

Mens Rea of Murder

• In the past = the concept of “malice aforethought”

• In modern law this concept is omitted because:

1. malice is not required - there are still cases that would be considered murder even if they involve no malice (eg. mercy killing)

2. aforethought is not required - there are still cases that would be considered murder even if they involve no premeditation

The Modern Translation

• malice aforethought → requiring intention (of killing or grievous injury)

• rejects the concept of recklessness as mens rea for murder

Case of Woolin (1999)

Do not blur the lines between intention and recklessness = because lines between murder and manslaughter could be blurred as a result of that. This creates a problem because manslaughter can be determined based on recklessness and murder cannot.

1.3 Actus reus = the act of crime/ physical elements of a crime required by a state

1.4 A “reasonable creature in being”

A term that can be used to describe the victim of murder. A “reasonable creature in being” must be a living human being at the time the murder is commited.

1.5 The queens/kings peace

• the jurisdictional element of the crime

• applies to any crime/murder commited in England or Wales or by a British subject elsewhere

1. What is murder?

In English law murder is difficult to define, but there are some requirements for a killing to be considered murder:

1. Defendant (D)/ the murderer caused the death of the victim (V)

2. V was a “reasonable creature”

3. The killing occurred under the queens/kings peace

4. Mens rea and actus reus were present at the same time (at the time of the murder”

Mens rea in this case would be the D’s intention to kill or cause grievous harm to a person (who doesn’t necessarily have to be V). In other words if D kills someone who they didn’t mean to kill, as long as they planned to kill someone in the first place (and there is evidence to prove this intention), the killing is still considered murder.

Definition of Murder:

• A person (the murderer) must be of sound memory and discretion.

• They have to kill a “reasonable creature”.

• The act of murder has to be done under the “kings/queens peace”.

• They have to commit the act with malice aforethought (expressed or implied).

Blackstone’s Commentaries (1769)

3.The sentence for murder:

In England, the mandatory penalty for an adult convicted for murder is imprisonment for life (does not necessarily mean a person goes to prison for life),

the Murder (Abolition of Death Penalty) Act 1956 -> s.1(1)

Criteria in the Criminal Justice Act 2003 define the minimum imprisonment term based on the seriousness of the crime.

Murder vs. manslaughter sentence

• Murder = “life” imprisonment is the minimum penalty

• Manslaughter = “life” imprisonment is the maximum penalty

4. The Concept of Coincidence

In English law, to determine liability for muder, there has to be a situation where the actus reus and mens rea coincide with e.o. = meaning the D’s mens rea must subsist at a time of and in relation to the actus reus

To simplify:

1. If you mean to kill but fail to do so for some reason (eg. the person survives) → not murder (mens rea =yes, actus reus= no)

2. If you don’t mean to kill by the specific act but you do kill → not murder (mens rea = no, actus reus = yes)

Example: Defendant (D) drives to Victim’s (V) house with the intention of killing them (mens rea). On the way there, a man runs onto the road. D runs them over on accident (no mens rea) and kills them (actus reus). D doesn’t arrive at V’s house and doesn’t kill V (no actus reus). However the man who D accidentally ran over (no mens rea) ends up being the intended V (actus reus = yes, but no mens rea).

The act is not murder because BOTH MENS REA and ACTUS REUS have to be present at the same time.

Hope you enjoyed reading the first part of this series!

* Please note that at no point in this blog am I providing legal advice or claiming to be a professional. These blogs are for entertainment and educational purposes only.*