DEMYSTIFYING MURDER IN ENGLISH CRIMINAL LAW

Many of us come across legal terms in the news, on social media, or in everyday conversations without fully understanding what they mean. As part of our commitment to making the law accessible, especially for aspiring and early-career BAME women in the profession, this article breaks down one of the most serious offences in English criminal law: murder.

Whether you are studying law, working in the legal field, or simply curious about how the justice system works, understanding the basics of criminal liability can help you navigate legal discussions with confidence.

What Is Murder Under English Criminal Law?

Under English criminal law, murder is committed when a person of sound mind unlawfully kills a human being 'under the King's peace'. In other words, the killing must not occur during wartime, as such circumstances are excluded. It must also be committed with the intent to kill or to cause grievous bodily harm (GBH), or simply, serious harm to another.

Murder is categorised as an indictable-only offence and is among the most serious crimes under English criminal law. This means it can only be tried in a higher court and may attract a mandatory life sentence.

For an offence to be considered murder, two main legal components must be established: Actus Reus (the physical act) and Mens Rea (the mental element).

The Physical Act: Actus Reus

The first part of any criminal offence is the Actus Reus, which means 'the guilty act'. It refers to what the defendant physically did, or failed to do, that resulted in the victim's death.

In murder, this includes the act of killing, the requirement that the defendant's actions caused the death, and the fact that the victim must be a legally recognised human being who was alive at the time of the offence. English criminal law also requires that the killing occurred during a time of peace, as mentioned earlier.

Causation is a key part of this element. Lawyers often use what is referred to as the 'but for' test, which asks: but for the defendant's actions, would the victim have died? If the answer is no, then the defendant's conduct is considered a cause of death.

The Mental Element: Mens Rea

Murder also requires intent, known as the Mens Rea, meaning 'the guilty mind'. This refers to what the defendant intended at the time of the act.

For murder, the required mental state is intent, also known as malice aforethought. This does not mean hatred or spite. Rather, it means that the defendant intended to kill or intended to cause really serious harm.

Recklessness, which involves taking a risk without regard for the outcome, is not enough to establish murder.

Intent, however, can take different forms. Sometimes it is direct intent, where the defendant clearly intended to kill. Other times it is indirect, or 'oblique', intent, where the defendant's actions make death virtually certain, even if it was not their primary aim.

How the Courts Apply These Principles

Understanding the law becomes easier when you see how it works in real cases. English courts have developed principles that help determine whether someone had the necessary intent or caused death in a legally significant way.

The doctrine of transferred malice allows intent aimed at one person to be transferred to another if someone else is harmed instead. For example, a robber may intend to kill or seriously harm a particular victim but harm another person instead during the robbery. In such circumstances, the mens rea can be transferred from the intended victim to the actual victim, making the robber guilty of murder.

The thin skull rule requires defendants to 'take their victim as they find them'. This means they cannot escape liability because the victim had a medical condition or belief that made the outcome worse. For example, a person may stab a victim without knowing that they are a Jehovah's Witness. If the victim later refuses a blood transfusion because of their religious beliefs and dies as a result, the defendant may still be liable for murder.

English criminal law also deals with situations where the defendant's actions and intentions do not occur at the same moment. Courts may treat a series of events as one continuous act to ensure justice is done. This is known as the coincidence, or contemporaneity, principle. For instance, where a defendant stabs and pushes a victim off a cliff, and the victim survives the initial attack but later dies from exposure while unconscious at the foot of the cliff, the defendant may still be held liable for murder.

Finally, while murder usually involves a positive act, English criminal law sometimes recognises liability for failing to act, known as an omission, but only where the defendant had a legal duty to intervene.

Why Understanding This Matters

English criminal law shapes how society defines harm, responsibility, and justice. Understanding these foundations is essential. It strengthens your ability to analyse cases, engage in legal discussions, and support communities that may feel disconnected from the justice system.

More broadly, English criminal law helps maintain public safety, deter harmful behaviour, and set clear boundaries for acceptable conduct. It ensures accountability and prevents private retaliation, helping society function fairly and peacefully.