2.1 Homicide Flashcards
What is Murder?
Murder is committed when a person unlawfully kills another human being under the queens peace with malice afore thought
What does unlawfully kills mean?
Means actively causing the death of another without justification.
Who is included in another human being?
Includes a baby who has been born alive and has an existence independent of its mother. (The child is fully expelled from the womb… umbilical cord doesn’t need to be cut
When is it appropriate to charge for murder when a baby is injured in the womb?
A charge of murder may be appropriate when the defendant intended to kill the mother when he attacked her and as a result of the attack the baby subsequently does as a result of those injuries after being born.
Where may a British citizen be tried if the commit murder anywhere in the world?
England or Wales
What does the term Malice Aforethought mean?
It is associated with some form of premeditation but that is not required
Is there a time limit from when the injury is caused and being punished for murder if they died
No it was abolished in 1996
What are the partial defences for murder which result in the conviction of voluntary man slaughter?
Diminished responsibility
Loss of control
Suicide pact
What is converted under diminished responsibility?
Suffering from an abnormality of mental functioning:
- arose from a recognised medical condition
-Substantial impaired their ability to do one or more of understand the nature of their conduct, form rationale judgement or exercise self control.
and
- provided an explanation for their actions and omissions in doing it being part to the killing
S54 The coroner and Justice act?
Loos of control
Cannot be convicted of murder if:
- There acts/omissions resulted from their loss of self control
- The loss of self control has a qualifying trigger
- A person of similar nature might have reacted in the same way
MUST NOT BE REVENGE
What is meant by qualifying trigger under S44 of the coroners and justice act?
- The defendants dead of serious violence from the victim against the defendant or another identified person
- To things said or done which constitutes circumstances of an extremely grave character and caused the defendant to have a justified sense of being seriously wronged
When can the defendant not use the qualifying triggers?
If the defendant enticed the behaviour with the purpose of providing themselves with an excuse for using violence
Sexual infidelity is to be diregardees
S4 The homicide act 1957?
It shall be man slaughter for a person acting in pursuance if a suicide pact between him and another to kill the other or be party to the other being killed bu a third person
Involuntary manslaughter
The defendant causes the death of another but it not shown to have the required Mens Rea for murder
Manslaughter by unlawful act?
An unlawful act
The act is likely to cause bodily harm
And
The defendant has the men’s Rea for the unlawful activity
