Murder in English Law - History

History

Provocation was formerly a partial defence to murder. See also the 1 Jac 1 c 8 and the Murder Act 1751.

Persons attainted or outlawed of felony

Hale said:

The killing of a man attaint of felony, otherwise than in execution of the sentence by a lawful officer lawfully appointed, is murder or manslaughter, as the case happens, and tho there were some doubt, whether the killing of a person outlawed of felony were homicide or no, 2 E. 3. 6. yet it is homicide in both cases. 27 Affiz. 44. Coron. 203.

Persons attainted in a praemunire

Hale said:

If a man be attaint in a praemunire whereby he is put out of the king's protection, the killing of him was held not to be homicide, 24 H. 8. B. Coron. 197. But the statute of 5 Eliz. cap. 1 hath now put that out of the question, declaring it to be unlawful.

Indictment

Section 4 of the Criminal Procedure Act 1851 (14 & 15 Vict c 100) provided that in any indictment for murder preferred after the coming into operation of that Act, it was not necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it was to be sufficient in every indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought, kill and murder the deceased. That Act came into operation of the 1 September 1851.

That section was replaced by section 6 of the Offences against the Person Act 1861 provided that in any indictment for murder, it was not necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it was to be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased. That section was repealed by the Indictments Act 1915.

The following specimen count was contained in paragraph 13 of the Second Schedule to the Indictments Act 1915 before it was repealed.

STATEMENT OF OFFENCE.

Murder.

PARTICULARS OF OFFENCE.

A.B., on the day of, in the county of, murdered J.S.

Sentence

Capital punishment in the United Kingdom

See sections 1 to 3 of the Offences against the Person Act 1861 and Parts II and III of the Homicide Act 1957.

Aggravated murder

The following former offences were offences of aggravated murder:

  • offences of petty treason under the Treason Act 1351
  • offences of capital murder under the Homicide Act 1957

Read more about this topic:  Murder In English Law

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