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Murder Common law
Unlawfully killing another person, intending either to kill them or to cause them grievous bodily harm.
Murder · Common law Card 43 / 195
Say them out loud first. Then tap each one to check.
1 Unlawfully Point 1. Tap to check 2 Killed (caused the death of) Point 2. Tap to check 3 A person in being Point 3. Tap to check 4 Under the King's peace Point 4. Tap to check 5 With malice aforethought – an intention to kill, or an intention to cause grievous bodily harm Point 5. Tap to check
Key definitions
Killed – the defendant’s act or omission must be a legal and factual cause of death. It need not be the only cause, but it must be more than minimal.Person in being – a living human being, born alive and with an existence independent of the mother. An unborn child is not a person in being.Malice aforethought – intention to kill or to cause grievous bodily harm (R v Vickers 1957). No premeditation is needed.Intention – a jury may find intention where death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendant’s actions, and the defendant appreciated that (R v Woollin 1998).
Defences
Self-defence – a full defence where the force used was reasonable in the circumstances as the defendant believed them to be.Loss of control – Coroners and Justice Act 2009, ss.54 and 55: a loss of self-control with a qualifying trigger (fear of serious violence, or things said or done of an extremely grave character). Revenge and sexual infidelity are excluded. It replaced provocation.Diminished responsibility – Homicide Act 1957, s.2: an abnormality of mental functioning from a recognised medical condition that substantially impaired the defendant’s ability to understand their conduct, form a rational judgment or exercise self-control. The defence must prove it.Suicide pact – Homicide Act 1957, s.4. The defence must prove it.These three partial defences reduce murder to manslaughter (voluntary manslaughter).
Good to know
Murder carries a sentence fixed by law. The judge sets a minimum term, or a whole life order, using Sentencing Act 2020, Sch.21.
The year and a day rule has gone. The Attorney General’s consent is needed if death came more than 3 years after the injury, or the suspect has already been convicted of an offence connected with the death.
Attempted murder needs an intention to kill. An intention to cause grievous bodily harm is not enough.
Mode of trial Indictable only
Maximum penalty Mandatory life imprisonment (custody for life if aged 18 to 20; detention at His Majesty's pleasure if under 18)
Last checked 2 November 2026, against the current law on legislation.gov.uk Murder: questions people ask What are the points to prove for murder? 1. Unlawfully 2. Killed (caused the death of) 3. A person in being 4. Under the King's peace 5. With malice aforethought – an intention to kill, or an intention to cause grievous bodily harm
What is the maximum sentence for murder? Mandatory life imprisonment (custody for life if aged 18 to 20; detention at His Majesty's pleasure if under 18)
Is murder a summary, either-way or indictable offence? Murder is indictable only: it can only be tried in the Crown Court.
Is murder a statutory offence? No. Murder is an offence at common law, defined by the courts rather than an Act of Parliament.
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