Chapter 3- Homicide Flashcards
Divisions of manslaughter
Voluntary- diminished responsibility/ loss of control
Involuntary- gross negligence/ unlawful and dangerous act
Actus Reus elements of homicide
Unlawful killing of a human being within the queens peace
Exceptions of murder in human beings
Coma V as they are not alive
MALCHEREK
vegetive state coma V if withholding treatment is in patients best interest
AIREDALE TRUST NHS
RE M 2011 - patients which retain some consciousness can be murdered as their sense of life has some positive experiences
What does within queens peace mean
Everyone killed is within the queens peace unless they are enemies killed in the heat of battle
Mens rea of murder
Just the intention to kill or cause grievous bodily harm
Even if D intended to only harm but killed will still have mens rea of murder
If D has mens rea of murder but law regards killing as partly excused what is this referred to?
Voluntary Manslaughter
Purpose of amendments in 2010 to the coroners and justice act 2009
Abolish defence of Murder provocation and replace with ‘loss of control’ defence
D factors to prevent conviction of murder under diminished responsibility
1) suffering from abnormalities of mental health;
(Byrne, state of mind so different from that or ordinary human beings that reasonable man deem abnormal)
2) Which arose from recognised medical condition;
(E.g clinical depression, schizophrenia, Asperger syndrome) LINDO
3) Which impaired their ability to understand their conduct and rational judgment or self control
(Substantial impairment of mental responsibility)
4) which provides explanation to the killing in the sense of being the cause or contributory factor;
Exceptions to demonised responsibility
Lack of maturity
Low iq
Emotional conditions like jealousy
Preliminary points of diminished responsibility
Burden of proof is on the D
There must be medical evidence to support the plea
Dowds case
Voluntary intoxication cannot be considered diminished responsibility
3 situations to consider when looking at diminished responsibility defence
D is extremely drunk cannot be used as defence
Dietschmann where D has mental illness but is intoxicated jury to decide if D illness would still have impaired their decision without drugs
Stewart where D metal illness causes them to be intoxicated (dependency), jury are to consider both elements separately
Two limbed approach to loss of control defence
1- D kills after suffering loss of control attributed to violence from the V
2- where D losses control as a result of things done or said which caused D to have justifiable sense of being seriously wronged.
Prosecution must disprove defence.
S54(1) CorJA2009 where D kills or is a party to the killing of the V, D is not to be convicted of murder IF…
D acts on omissions in doing or being a party to the killing resulted from D loss of self control
The loss of self control had qualifying trigger
A person of D sex and age with a normal degree of tolerance and self control would have reacted in the same or in similar way to the D
Definition of loss of control Jewell
Loss of the ability to act in accordance with considered judgment or loss of normal powers of reasoning
Qualifying triggers for loss of control
1) Fear if serious violence from V against D
2) A thing or things done or said which constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged
Identify an exemption to the qualifying triggers
S55(6)(c) infidelity does not fall within qualifying criteria if it is the only factor for loss of control. However if it forms part of loss of control it can be considered
Definition involuntary manslaughter
D mens rea is less than that required for murder
3 elements prosecution must prove for involuntary manslaughter
That there was an unlawful act
Which was dangerous
And caused the V death
Unlawful act points Manslaughter
which is a criminal offence FRANKLIN
All elements of Actus Reus and Mens Rea must be proved LAMB
It is not possible to construct an unlawful act of manslaughter from a criminal offence.
The conduct must involve an act. LOWE
Of a dangerous kind points
Act must be dangerous and there must be a risk of injurY LARKIN
If risk of injury was not apparent at the time of the event D must be acquitted DAWSON.
Church test
Such as all sober and reasonable people would inevitably recognise must subject the other person to at least the risk of some harm resulting therefrom.
What is required as proof for gross negligence manslaughter (5points)
Conduct - doesn’t have to be an act. Can be omission does not have to be unlawful
D owed V a duty of care- WACKER also failure to act GEMMA EVANS
Creation of a risk of death by breach of duty ADOMAKO
The conduct causes death accordingly to principles of causation
Further element that supplies the requisite degree of fault which makes it gross negligence. (BATEMAN- conduct of D was so bad in all circumstances as to amount in their judgment to a criminal act)
Case of rudling
Doctor was D and charged with gross negligence manslaughter due to illness where kid was told to wait past the weekend for treatment but died in the weekend
The case did not succeed as the judge ruled a reasonably competent GP would have foreseen an assessment might have revealed something life threatening and this is not the same as recognising risk of death.
Purpose of corporate manslaughter and corporate homicide act 2007 (CMCHA)
Legislation attempts to resolve longstanding difficulties in bribing prosecutions for manslaughter under the common law when death was caused by the acts or omissions of a company.
Purpose of S5 domestic violence, crime and victims act 2004
To protect vulnerable adults and children from harm from parents, or parent and boyfriend / girlfriend.
The act states a parent or carer has a duty not only to refrain from abuse but notably to prevent another from doing so.
14 years imprisonment
5 offences of vehicular homicide
Death by dangerous driving (S1 RTA)
Death by careless or inconsiderate driving (S2B RTA)
Death by careless driving whilst under the influence (S3A RTA)
Death by unlicensed, unqualified or disqualified driving (S3ZB RTA)
Death by aggravated vehicle taking (S12A theft act)
14 years imprisonment
