Homicide. An "Unlawful" Killing?
Yes, may seem redundant but there are lawful killings. By common law and by later England homicide statute, one of the elements the Crown (prosecutor) must prove for murder is --- the death was caused unlawfully, that is, "without lawful justification or excuse."
A defendant (def atty) may present evidence to (try to) establish a complete defence** or a partial defence*** for the defendant's actions.
In this case, per The Telegraph today, defence counsel Abigail Langford, told the court: “The defendant accepts killing the deceased. The issue in the case will be that he didn’t intend to kill her or cause her really serious harm....
”Miss Langford said that Nutt had agreed to be assessed by a psychiatrist because of the circumstances and background to the case."****
IOW def atty is claiming a complete or partial defense on grounds of insanity or diminished responsibility. If successful, he may be acquitted of murder or found guilty of lesser offense like voluntary manslaughter w a shorter sentence. my2ct.
Welcoming clarification or correction, esp'ly from our wonderful English legal professionals.
Side note, UK Parliament abolished capital punishment in 1965.***** some US states have not and they still execute the condemned. The persons who inject lethal poison or flip the electric chair switch are carrying out lawful homicides.
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* "Murder is defined, at common law rather than by statute, as the unlawful killing of a reasonable person in being under the King or Queen's peace with malice aforethought express or implied."
^ Murder in English law - Wikipedia
.
** Complete defences
"....the M'Naghten Rules on the insanity defence... If any of the general defences such as self-defence apply, an accused will be acquitted of murder. he was charged with murder but found guilty of manslaughter)....
"The defences of duress and necessity are not available to a person charged with murder...."
^ ibid wiki ref.
.
*** Partial defences
The following partial defences reduce murder to voluntary manslaughter:
Loss of control, under sections 54 and 55 of the Coroners and Justice Act 2009.
Diminished responsibility (Homicide Act 1957, section 2 – as amended)
Suicide pact, under section 4 of the Homicide Act 1957
"If a partial defence is successful, it will allow the sitting judge full discretion as to the sentence given to the offender; these can range from a conditional discharge to a life sentence...." sbm dbm
^ ibid wiki ref.
.
**** Man admits killing Dawn Walker whose body was found in a suitcase
.
***** Murder (Abolition of Death Penalty) Act 1965 - Wikipedia
@AcbMurdersDawn Walker death: Man accepts 'unlawfully killing' wife Is it possible to kill someone “lawfully”?
Yes, may seem redundant but there are lawful killings. By common law and by later England homicide statute, one of the elements the Crown (prosecutor) must prove for murder is --- the death was caused unlawfully, that is, "without lawful justification or excuse."
A defendant (def atty) may present evidence to (try to) establish a complete defence** or a partial defence*** for the defendant's actions.
In this case, per The Telegraph today, defence counsel Abigail Langford, told the court: “The defendant accepts killing the deceased. The issue in the case will be that he didn’t intend to kill her or cause her really serious harm....
”Miss Langford said that Nutt had agreed to be assessed by a psychiatrist because of the circumstances and background to the case."****
IOW def atty is claiming a complete or partial defense on grounds of insanity or diminished responsibility. If successful, he may be acquitted of murder or found guilty of lesser offense like voluntary manslaughter w a shorter sentence. my2ct.
Welcoming clarification or correction, esp'ly from our wonderful English legal professionals.
Side note, UK Parliament abolished capital punishment in 1965.***** some US states have not and they still execute the condemned. The persons who inject lethal poison or flip the electric chair switch are carrying out lawful homicides.
___________________________________
* "Murder is defined, at common law rather than by statute, as the unlawful killing of a reasonable person in being under the King or Queen's peace with malice aforethought express or implied."
^ Murder in English law - Wikipedia
.
** Complete defences
"....the M'Naghten Rules on the insanity defence... If any of the general defences such as self-defence apply, an accused will be acquitted of murder. he was charged with murder but found guilty of manslaughter)....
"The defences of duress and necessity are not available to a person charged with murder...."
^ ibid wiki ref.
.
*** Partial defences
The following partial defences reduce murder to voluntary manslaughter:
Loss of control, under sections 54 and 55 of the Coroners and Justice Act 2009.
Diminished responsibility (Homicide Act 1957, section 2 – as amended)
Suicide pact, under section 4 of the Homicide Act 1957
"If a partial defence is successful, it will allow the sitting judge full discretion as to the sentence given to the offender; these can range from a conditional discharge to a life sentence...." sbm dbm
^ ibid wiki ref.
.
**** Man admits killing Dawn Walker whose body was found in a suitcase
.
***** Murder (Abolition of Death Penalty) Act 1965 - Wikipedia