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Evaluate the law on murder, voluntary manslaughter & involuntary manslaughter (D1)
Introduction
This assignment is going to illustrate and evaluate the different types of homicide. Many
scenarios and law cases are going to be analyzed thoroughly by looking at their Actus Reus and
Mens Rea. Evaluation will be considered in a comprehensive perspective for each different type
of homicide. Many statutory and common laws are going to be demonstrated throughout the
entire assignment. Moreover, criticism, reforms, recommendation and changes in laws are all
going to be explored for each type of homicide.
Murder
Murder is the unlawful killing of a human being under Queen’s peace with the aim to kill or
impose grievous bodily harm. The sentence for murder is life imprisonment.
Actus reus
Unlawful killing
Unlawful killing means that the victim must be killed unlawfully and certain defences such as
self-defence, makes the killing lawful. Furthermore, causation must be established and an
omission of the offender must have been legal cause of the death of the victim. In the case of R
v Dr Bodkins Adams (1957), Doctor Bodkins Adams had order to give a lethal dose of pain killers
to a terminally ill patient. The court acquitted Dr Bodkins and Devlin J in response stated that "a
life shortened by weeks or months is just as much murder as one shortened by years....
However, a doctor is entitled to do all that is proper and necessary to relieve pain and suffering
even if such measures may incidentally shorten life.” This means that the act of killing was not
intentional neither unlawful as the doctor was just doing his job to keep the patient away from
pain.
Human Being/not foetus
There must be an act of killing of a living human being. For instance the case of Burton v
Islington Health Authority (1003) CA refers to an act of killing an unborn child. Such an omission
cannot be classed as Murder. The courts stated that “the child en ventre sa mere (unborn) does
not have a distinct human personality, whose extinguishment gives rise to any penalties or
liabilities at common law”
Queen’s peace
In the time of war, killing an enemy is lawful and will not amount to murder. In the case R v
Depardo, the same rule applies where an enemy is charged with killing a British national.
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