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Evaluation of Murder (:green_cross: (Law Commission 2006 report ('Law…
Evaluation of Murder
:green_cross:
Outdated, complex and confusing definition which is no longer capable of being understood by an ordinary person.
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MR
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Meaning of intent - hasn't been defined in a statute and courts struggle to define oblique intent (should be a legal rule rather than an evidential rule)
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Duress
A general defence, but isn't available to murder, attempted murder or being an accessory to murder
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Law Commission recommended that it be available for 1st degree murder, in their 2006 report
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Self Defence
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Believes if D used excessive or unnecessary force then they should be charged with manslaughter instead of murder
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