Murder


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert
Practice notes

Murder


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert

Practice notes
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The offence of Murder

Murder is an offence that can only be tried on indictment in the Crown Court.

Elements of the offence of murder

The elements of the offence of murder are:

  1. •

    an unlawful killing

  2. •

    of any human being

  3. •

    caused by the act or omission of the Defendant

  4. •

    with the intent to:

    1. â—¦

      kill, or

    2. â—¦

      cause Grievous bodily harm

Unlawful killing

The unlawful killing of a human being means killing without legal Justification. Legal justification might involve a killing in self-defence or as a result of bona fide medical or surgical treatment. See Practice Note: Self-defence.

The former requirement that the death had to follow within a year and a day of the killing was abolished by the Law Reform (Year and a Day Rule) Act 1996 (LR(YDR)A 1996).

Under LR(YDR)A 1996, the Attorney General's consent is required before proceedings can be brought for a fatal offence including murder, where either:

  1. •

    the injury alleged to have caused death was sustained more than three years before the death occurred, or

  2. •

    the

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United Kingdom
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Murder definition
What does Murder mean?

Murder is a common law offence defined as the unlawful killing of any human being with malice aforethought

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