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Summary Cases and overview of murder and partial defences- Criminal law £6.06
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Summary Cases and overview of murder and partial defences- Criminal law

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Providing an overview and key legal elements of murder and the partial defences to it. Including cases (in pink).

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  • February 18, 2025
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  • 2023/2024
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Murder

Homicide= several criminal offences concerned with unlawful KILLING OF ANOTHER human,
Murder= unlawful killing with intent to cause death or serious harm.
Manslaughter= killing with some fault but less than above.
 Voluntary manslaughter- 3 types.
 Involuntary manslaughter- 3 types?
Other specific offences involving causing death.
Accidental death= killing with insufficient fault. No come.
Suicide- killing oneself. No longer crime.

STRUCTURE:
1. Victim dies.
2. Actus reus present?
3. Did d intend to kill or cause GBH?
Yes- murder- mitigating circumstances- voluntary manslaughter (loss of control,
diminished responsibility, suicide pact)
No- involuntary manslaughter- (unlawful act, gross negligence, subjective
recklessness)

Actus reus of homicide
 Unlawful killing og a human being under king’s peace.
Unlawful- no defence of other lawful reason.
Killing- factual and legal causation.
Human being- from birth, being independent of Mother Enoch, brain stem death Bland.
King’s peace- within jurisdiction of courts.

KILLING- death is inevitable.
Murder is killing but accelerating death- Dyson [1908]

R v Michael Adebolajo [2014]
Offender can be tried for murder if he is British subject.

Murder is homicide with ‘malice aforethought’.
Intention to kill or intention to cause grievous bodily harm- Vickers, Moloney, Hancock &
Shankland, Woollin. Directly or indirectly.
SENTENCE:
 Mandatory life sentence. Minimum custodial term.
 Adults aged 21 years old and over there are 4 starting points- whole life, 30 years, 25
years, 15 years.
 Potential release- if parole board satisfied on public safety. Or on licence for rest of
life.
 Liable to be recalled to custody at any time if any offences committed or other terms
of licence- probation sessions, residence.
 Sentencing act 2020 s322 and schedule 21.

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