Episode 3 - Murder Defence Barrister

Episode 3 - Murder

In Episode 3 we continue on our journey through the criminal justice system in England & Wales, with our suspects Aidan, Bianca and Conor no longer facing an allegation of Wounding with Intent, but instead facing a charge of murder, which upon conviction carries a mandatory life sentence.

The definition of murder is the unlawful killing with malice aforethought by a sane person of another human being.

What is ‘unlawful’ killing and can killing another human being ever be lawful?

What if there are multiple causes of death? When can a defendant be said to have caused a death and when do other factors break the link between the act of a defendant and the eventual outcome? We look at multiple real case examples for the answer.

And what of the mens rea (or guilty mind) which must be proved for a defendant to be found guilty of murder? What if death was a wholly unintended consequence? Find the answer in this episode.

Even if a defendant is proved to have killed another human being with the requisite intent, are there any further defences open to them? We look at what are known as ‘partial defences’ (which reduce murder to manslaughter) of diminished responsibility and loss of control.

Will Aidan, Bianca and Conor, or any one of them, be charged with murder and, if so, what will happen to them? Will they go home or will the police keep them in custody until their first appearance in court. In this episode, we take our final step before entering the criminal courts.

Thank you for listening and I hope you enjoy this episode.

Throughout this podcast I have referred to legislation, cases and relevant guidance. Please refer to the links in the notes below to access this information yourself.

NOTES

Murder -

s.1 of the Law Reform (Year and a Day Rule) Act 1996 - Abolition of the ‘year and a day rule’ for murder https://www.legislation.gov.uk/ukpga/1996/19/section/1

Robert Konrad Blaue [1975] EWCA Crim 3 - Causation (refusal of blood transfusion)
https://www.bailii.org/ew/cases/EWCA/Crim/1975/3.html

Berlinah Wallace [2018] EWCA Crim 690 - Causation (voluntary euthanasia)
https://www.bailii.org/ew/cases/EWCA/Crim/2018/690.html

s. 58 of the Criminal Justice Act 2003 (prosecution appeal against trial judge’s rulings) https://www.legislation.gov.uk/ukpga/2003/44/section/58

s. 29 of the Offences Against the Persons Act 1861 (throwing corrosive fluid on a person, with intent to do grievous bodily harm) https://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/29

R v Berlinah Wallace, Bristol Crown Court, 23 May 2018 - Sentencing Remarks https://www.judiciary.uk/wp-content/uploads/2018/05/r-v-wallace-sentencing-1.pdf

Cheshire [1991] 93 Cr. App. R. 251 - Causation - Full judgment not publicly available, but Wikipedia contains a helpful summary https://en.wikipedia.org/wiki/R_v_Cheshire

Partial defences to murder -

Diminished Responsibility (under s.2 of the Homicide Act 1957) https://www.legislation.gov.uk/ukpga/Eliz2/5-6/11/section/2 AS AMENDED BY s.52 of the Coroners and Justice Act 2009 https://www.legislation.gov.uk/ukpga/2009/25/section/52 (S.2 on the gov.uk website is not updated, so look at s.52 instead)

R -v- Valdo Calocane, Nottingham Crown Court, 25 January 2024 - Sentencing remarks (Diminished Responsibility) https://www.judiciary.uk/wp-content/uploads/2024/01/Calocane-sentencing-remarks.pdf

Loss of Control (under sections 54 and 55 of the Coroners and Justice Act 2009) https://www.legislation.gov.uk/ukpga/2009/25/part/2/chapter/1/crossheading/partial-defence-to-murder-loss-of-control

Killing as part of a Suicide Pact (under s.4 of the Homicide Act 1957) https://www.legislation.gov.uk/ukpga/Eliz2/5-6/11/section/4

Helpful further reading -

The Crown Court Compendium (Guidance for Judges in Crown Court Trials) - https://www.judiciary.uk/wp-content/uploads/2023/06/Crown-Court-Compendium-Part-I.pdf

Charge and following charge -

s.38 of the Police and Criminal Evide