Murder (3) - Copy

Homicide Overview

  • Title: Homicide: Murder by Jamie Fletcher

The Scale of the Problem

  • Homicide Incidents in England and Wales (YE March 2002 - YE March 2024)

    • 2024: 552 incidents

    • Trends:

      • Fluctuating numbers over the years

      • Average incidents approximately between 400 and 800

  • Homicide Victims (YE March 2008 - YE March 2024)

    • Victims categorized by gender:

      • Male victims: ~414 offences

      • Female victims: ~156 offences

    • Common Methods of Killing:

      • Sharp instruments most prevalent

      • Other methods include blunt instruments, strangulation, shooting

Statistics on Homicide Victims

  • Victim Relationship Trends:

    • 77% of female victims killed by someone known to them

    • 50% of male victims had similar circumstances

    • Partner/ex-partner involvement: 44% female vs 7% male

  • Homicide Rates:

    • Overall: 9.9 per million

    • Males: 13.8 per million

    • Females: 6.0 per million

  • At-Risk Groups:

    • Highest rate among children under age 1 (22 per million)

    • Males aged 16 to 44 (20 per million)

Types of Homicide

  • Murder: Killing with intent

  • Voluntary Manslaughter: Killing with intent but with excuse/justification

  • Involuntary Manslaughter: Killing without intent due to criminal/gross negligent act

Importance of Differentiation

  • Philosophical Implications: Fair labeling in law

  • Practical Implications:

    • Mandatory life sentence for murder (s. 1, Murder (Abolition of Death Penalty) Act 1965)

    • Life sentence for manslaughter is discretionary; judges have flexibility

  • Death Penalty Discussion: Relevant to understanding the implications of homicide definitions

Definition of Homicide

  • Legal Definition (Coke, 1549-1633):

    • "Murder... unlawfully killeth... with malice aforethought..."

Actus Reus of Homicide

  • Elements:

    • Sound memory; age of discretion

    • Unlawful killing: significant cases such as Beckford v R (1988), Poulton (1832), Enoch (1833), and Malcherek (1981)

    • Year and a Day Rule: Abolished in 1996, pertinent to causation in law

Modern Actus Reus

  • Commission: Can occur through act or omission (R v Gibbins and Proctor, 1919)

  • Definition: Focus on "unlawful killing"

  • Causation: Key cases include R v White, R v Pagett

Mens Rea for Murder

  • Intent Types:

    • Intent to kill or intent to cause grievous bodily harm (GBH)

    • Challenges: Understanding GBH as serious harm (DPP v Smith, 1961)

  • Key Cases:

    • A-G’s Ref (No.3 of 1994) confirms intent for GBH suffices for murder

    • Lord Steyn’s comments in Woollin, indicating intent implications

Assault and Bodily Harm

  • Statutory Assault:

    • s.47 Offences Against the Person Act 1861: Actual bodily harm definitions

      • Includes injuries like broken nose, bruising, psychiatric harm

  • Malicious Wounding or GBH:

    • s.20 and s.18 Offences Against the Person Act 1861

      • Distinction between intentional and reckless injury

  • Serious Injuries: Conditions that meet GBH thresholds, e.g., lasting disfigurement, permanent disability

Mens Rea for Homicide

  • Intent Types: Direct and indirect intention (Duff test, R v Woollin)

Legal Problem Solving Framework

  • Scenario-based Analysis:

    • Engagement with fictional cases raising legal issues and questions

  • IRAC Method:

    • Issue, Rule, Application, Conclusion: Structured approach to legal analysis

    • Variations including IPAC, CLEO, etc.

Case Study Example

  • Scenario: Jane and Mervyn's troubled marriage leading to Mervyn's accidental death

  • Analysis Points:

    • Identify causation: Jane's actions leading to Mervyn's death

    • Assess crime committed: Potential for murder or manslaughter

Conclusions

  • Overall Considerations:

    • Impact of Jane's actions on Mervyn's death

    • Legal qualification of likelihood regarding intentional harm vs unintended consequences

    • Critical reflection on legal responsibilities and implications of actions affecting others.