Class notes
LA 104 Murder Notes
- Course
- Institution
This is a comprehensive and detailed note on Murder for La 104. *Essential!! *Precise!! * For you!!
[Show more]
Seller
Follow
anyiamgeorge19
Reviews received
Content preview
MURDER PUNISHMENT, DEFENCES +(most serious crim offence) REFORM
THE CONTEXT OF KILLING PUNISHMENT
• 2020/21: 600 homicides Mandatory life imprisonment
- small prop of overall crime
Hwvr: high social relevance (taboo) Murder (Abolition of Death Penalty) Act 1965
→ Reflects structural violence in society
→ Relates to inequality in a country Criminal Justice ACT 2003
• Presumptive position: killing wrong
1. Tariff period: Minimum term
• Context affects the way the law works reflecting circs of kill
a. Formally: defences S21 : / yrs / whole life
b. Informally: influencing perceptions of • Decided x Judge (w/ guidelines)
culpability → Must serve min term in full + Parole
----------------------------------------------------------- board decs if released after
SCOPE OF HOMOCIDE 2. Conditional release: put on ‘license’
for life (break cond = prison)
1. Murder
2. Manslaughter (vol/invol) ♦ Typical period: 15 yrs imprisonment
3. Infanticide (under 12 mon) w/out unexceptional circs
4. Offences causing death
-----------------------------------------------------------
-----------------------------------------------------------
DEFENCES
= Common law offence (always consider complete before partial)
+ constructive liab O (int to cause GBH
suffices) 1. General
(Except Duress + D of Circumstance)
'The unlawful killing of a human being under
the Queen's peace, with malice 1. Insanity
aforethought express or implied' 2. Intoxication
(modernised from Coke 3 Inst 47.) 3. Necessity
4. Self-defence
AR MR
(Complete acquittal EXCEPT Insanity: ‘not
Conduct Any conduct Voluntary guilty x reason of insanity)
causing
result
• Lack resp due to mental abnormality
(internal/external)
, • Lacked viable choice
Circumstanc V must be a Knowledge
e person 2. Doctors + treatment of terminally ill
patients
Under Knowledge (Specific defence for med professionals)
Queen’s
peace Prescription of pain-relieving drugs to
terminally ill, where docs aware patient’s life
Killing must Lack of expectancy reduced as a side effect.
be unlawful belief in (common + uncontroversial in med context)
lawfulness
ACTUS REUS
Doc satisfies:
Result Death of V Intention to Prescribes drug accelerating death
kill / GBH
MENS REA
Law Reform (Year and a Day Rule) Act 1996 NOT intend kill / cause GBH
Medical science advances to show causal link Hwvr Satisfied:
= no req for V’s death to be ‘w/in yr + day’ of Shortening of life is Virtually Certain conseq
D’s conduct of cond + Knowledge of this = oblique intent
If causation can be established = liable
regardless of delay betw og conduct + PROBLEM: solution x court not rely on crim
death of V defences
HWVR S2: restriction R v Dr Bodkins Adams [1957]
Where: Administered lethal dose of strong pain-
a. Delay +3 yrs relieving drugs to ‘ease the passing’ of
b. D already prosecuted for non-fatal O terminally ill patients (incl V)
= Attorney General must consent to M pros Crown: no special def for docs BUT ‘entitled
to do all that is proper + necessary to relieve
----------------------------------------------------------- pain + suffering even if such measures may
incidentally shorten life’
ACTUS REUS
• Principles applied to case: doctrine of
D unlawfully kills another person under the double effect
Queen’s peace = Intentionally causing harmful result (death)
can be morally defensible where it is a side
• Result crime (look at causation) effect of promoting a good end as dominant
- ANY conduct causing death (type aim
irrelevant)
Hwvr - Unclear: if AR/MR being displaced +
• Causal chain betw act + outcome meaning of ‘incidentally shorten life’)
- Not sole but contributing cause
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller anyiamgeorge19. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.29. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
59325 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now