The laws regarding homicide are an unsatisfactory collection of rules Essay

The honors regarding homicide are an off collection of rules which are unclear and which do not set appropriate leve - Essay ExampleThis publishers aim is to point out some of the major problems and errors that is contained in the homicide law. The first section go away be run intoing at the commentary of the homicide and also some of the legislative areas that is covered under the homicide law. The support section will entirely deal with the defects and problems in the homicide law. The third area will briefly look at the legal framework of the said areas and the suggested statutory reforms that can be implemented on the homicide law in Britain. When looking at the word homicide in this essay the terms of reference will be in reference to the relationship between the law of murder and the law relating to homicide especially on domainslaughter. The definition of murder can be borrowed from classic definition of Sir Edward Coke in 1797 Murder is when a man of a sound memory, a nd of the age of discretion, unlawfully killeth within any country of the realm any probable creature in rerum natura under the Kings peace, with malice aforethought, either expressed by the caller or implied by law, so as the party wounded, or hurt, etc. die of the wound or hurt, etc. within a year and a day after the same.2 For the purposes of convenience in this paper, the definition of homicide will imply the unlawful kill of a human being by another(prenominal) human being. Under homicide offences, murder is the most serious of all but its reform cannot be reflected upon loneliness without the inclusion from the other homicide offences. Under Actus Reus there are four ways in which it can be implemented. 1. UNLAWFUL KILLING When the sidesplitting is unlawful there are certain defences that will make the killing lawful for example in the case of self-importance defence. Should the jury find the killing was under self defence then the killing will be lawful. This will only b e possible if the twist or omission of the defendant is thought to be legal cause of the victims goal. therefrom the causation in such a situation must be established. 2. HUMAN BEING Should the killing occur then it must be the killing of a human being who was living. 3. QUEENS PEACE This operator that the killing of an enemy during the course of war, under the Queens peace, the killing will not be classified as murder. 4. DEATH WITHIN A YEAR AND A DAY The killing ought to pee-pee been committed within the year and a day for it to be placed under homicide in particular.3 1. spitefulness AFORETHOUGHT The mens rea in case of murder is usually malice aforethought. R v Moloney 1985 AC 905 4 (a) Intention to kill When it comes to murder there is always a specific intent for this crime to be committed. The intention might vary accordingly for example in this context the intention might be direct intention or even oblique intention. The direct intention implies that the situation of the defendant sought after death in the first place while under oblique intent it means that the death of the defendant was foreseen as not certain although the defendant did not desire the death. The most recent dictum on intention is R v Woollin (1998) The Times, July 23.5 (b) Intention to cause Grievous Bodily Harm (g.b.h) An intention to cause grievous bodily harm is evidenced when there is willingness for acceptance of a substantial gamble that the victim in this case might actually die R v Vickers 1957 2 QB 664 6 In England and Wales the law being used