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A2 Murder Answer

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Niccy believed that a secret government department was sending special coded messages to her through radio programmes. The messages identified Owen as an alien life-form which must be eliminated. Niccy stabbed Owen through the heart, killing him instantly. Niccy’s brother, Paul, was informed by a friend that Ruth, Paul’s wife, was being sexually harassed by a workmate, Steve. Paul decided to put an end to the harassment. He bought a hammer and waited for Steve to leave work, intending to break his arm. However, he saw Steve and Ruth leave work holding hands. They were laughing and making nasty comments about Niccy. Paul ran at Steve and tried to strike his shoulder with the hammer. However, Steve stumbled, took the full force of the blow on his head, and died shortly afterwards. Discuss the possible criminal liability of Niccy for the murder of Owen, and the possible criminal liability of Paul for the murder of Steve. (25 marks)

Murder, as defined by Sir Edward Coke, is the unlawful killing of a reasonable person in being under the Queens peace with malice aforethought, either expressed or implied.

The Actus Reus (AR) of murder can be found within this definition where it says ‘unlawful killing of a reasonable person in being under the queen’s peace’.
In the case of Niccy AR is evident as she stabbed Owen unlawfully as there is no evidence to suggest that the messages received where from a legitimate governmental department – therefore eliminating it to be claimed an authorised killing.
To further support this Owen is a ‘reasonable person in being’ as he is not a foetus in his mother’s womb and has been fully expelled from it – as decided in Attorney Generals Reference [No. 3 of 1994] (1997).
In addition to this unlawful homicide can only be carried out under the queen’s peace- which it was i.e. if Niccy was to perform this murder at war then it won’t

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