How satisfactory is the current law on murder? The current law on murder is relatively satisfactory although improvements do need to be made.One of the existing problems concerns the mens rea of the crime. In some ways it can be considered to broad. A person who kills someone else but only intended to cause grievous bodily harm, but not to kill, can be convicted of murder even if they didn't foresee that death could have been a result of their actions. This was the case in R v Cunningham [1981] where the defendant hit the victim again and again with a chair and eventually they died. The defendant was convicted of murder even though he argued that he had not intended to kill. The House of Lords agreed with the trial judge's direction to the jury that an intention to cause grievous bodily harm was sufficient mens rea to uphold a conviction for murder if the victim dies of his injuries.On the other hand sometimes the mens rea of murder can be considered to narrow. It fails to cover recklessness so, for example, a terrorist who gives a warning that he has planted a bomb but people are still
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