Attempt 2 Flashcards
Definition of homicide
the killing of a human being
Example sentence: Homicide is the unlawful killing of a person.
Distinction between murder and manslaughter based on intention
specific vs. basic
Additional information: Murder requires specific intention to kill, while manslaughter only requires a basic intention.
Definition of murder
a common law crime
Elements: sound memory, age of discretion, unlawful killing, causation, under the Queen’s peace.
Mens Rea of Murder
Malice aforethought defined as the intention to kill or cause grievous bodily harm (GBH)
Example sentence: Malice aforethought is the mental state required for murder.
Direct intent
the defendant’s aim or purpose was to kill
Legal case reference: R v Mohan
Indirect intent
the defendant foresaw death or GBH as virtually certain
Legal case references: R v Woollin; R v Matthews and Alleyne
Actus Reus of Murder
Unlawful killing: excluding killings justified or authorized by law
Legal case reference: R v Cheshire
Human being
the victim must be a living person
Doctors, Euthanasia, and Double Effect
Potential liability for murder in euthanasia cases
Legal case reference: Re A
Sentencing for Murder
Mandatory life sentence with minimum term set by the judge
Factors considered in determining the minimum term, such as the seriousness of the offence, aggravating and mitigating circumstances.
Introduction to Voluntary Manslaughter
A partial defence to murder, reducing the conviction to manslaughter
Definition: Requires satisfying the elements of murder but with mitigating circumstances.
Loss of Control
Replaced the former defence of provocation
Legal reference: sections 54-56 of the Coroners and Justices Act 2009
Elements of the Defence
(a) Loss of self-control: Subjective test considering the defendant’s ability to act with considered judgment
Legal case references: R v Jewell; R v Dawes
Qualifying trigger
Fear of serious violence
Legal case references: R v Ward; R v Lodge
Objective test
A person of the defendant’s sex and age, with normal tolerance and self-restraint, might have reacted similarly in the circumstances
Legal case references: R v Meanza; R v Asmelash
Exclusions to the Defence
Self-induced loss of control
Example: revenge killings
Diminished Responsibility
Defined in section 2 of the Homicide Act 1957, amended by section 52 of the Coroners and Justices Act 2009
Elements of the Defence
(a) Abnormality of mental functioning: A state of mind significantly different from that of ordinary human beings
Legal case references: R v Byrne; R v Fairweather
Intoxication and Diminished Responsibility
Voluntary intoxication alone is not sufficient
Legal case reference: R v Dowds
Introduction to Involuntary Manslaughter
Occurs when the defendant does not have the mens rea for murder
Main types: unlawful act manslaughter and gross negligence manslaughter
Elements of the Offence
(a) The defendant must have committed an unlawful act (a crime)
Legal case references: R v Church; R v JM and SM
Dangerous Act
Objective test: would a sober and reasonable person recognize the risk of some harm
Legal case reference: R v Bristow, Dunn and Delay
Causation
Applying the normal rules of factual and legal causation
Example: considering whether the chain of causation is broken
Gross Negligence Manslaughter
Existence of a duty of care owed by the defendant to the victim
Legal case references: Donoghue v Stevenson; R v Wacker; R v Evans
What is the term for considering whether the chain of causation is broken in relation to a crime?
Intervening events
(R v Dalby; R v Kennedy)
What are the elements of Gross Negligence Manslaughter?
Duty of care, Breach of duty, Risk of death, Causation, Grossly negligent
(R v Bateman; R v Misra and Srivastava; R v Lidar)
What are the established duties for the Duty of Care in Gross Negligence Manslaughter?
Doctor-patient, employer-employee, etc.
General principle: foreseeability of risk to others
What is the objective of the Grossly Negligent Breach in Gross Negligence Manslaughter?
Objective test with subjective elements: considering the defendant’s state of mind at the time
What is the legal basis for the Insanity defence?
A full defence resulting in a special verdict of ‘not guilty by reason of insanity.’
Governed by the M’Naghten Rules (1843)
What is required for the Automatism defence?
External cause, Complete loss of control
The defendant must have no conscious control over their actions (R v T; Broome v Perkins)
What is the distinction between Automatism and Insanity?
Focus on the source of the automatism (internal vs. external)
How does Voluntary Intoxication impact criminal liability?
Relevance to criminal liability depending on whether it was voluntary or involuntary
What is the general rule for Voluntary Intoxication in specific intent crimes?
Not a defence but may negate specific intent in some cases
What is the relevance of Involuntary Intoxication in criminal cases?
May be a defence to both specific and basic intent crimes if the defendant lacked mens rea
