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Murder (Criticisms. (problems with the definition of intention.,…

- - - - where someone in a persistent vegetative state but demonstrating brain activity was considered to be alive.
    - - a person is classed as a human being when capable of independent existence from its mother (i.e. at birth).
      - if a foetus is killed before birth, for example then, whilst an offence might still have been committed (e.g. procuring a miscarriage), it will not be murder.
      - for the purposes of the homicide offence.
    - - someone who is not brain dead but on a ventilator can be the victim of a homicide.
  - - - excludes from the definition of murder those killings which take place in accordance with the rules of war.
  - - - whether D has caused the death of the victim.
- - - - second degree murder.
        
        discretionary life maximum penalty.
        
        2 requirements.
        
        killing where there was an awareness of a serious risk of causing death, coupled with an intention to cause either some injury, a fear of injury; or a risk of injury.
        
        killing with an intention to do serious injury (even without an awareness of a serious risk of causing death).
      - manslaughter.
        
        discretionary life maximum penalty.
        
        2 requirements.
        
        killing through a criminal act.
        
        intended to cause injury.
        
        where there was an awareness that the act involved a serious risk of causing injury.
        
        killing through gross negligence as to a risk of causing death.
      - first degree murder.
        
        mandatory life sentence.
        
        2 requirements.
        
        killing with an intention to do serious injury with an awareness of a serious risk of causing death.
        
        intentional killing.