Crim Homicide Flashcards
Mentally, what separates murder from manslaughter?
Murder requires killing to be accompanied by intention to kill or cause GBH. Manslaughter does not
Can murder be committed by omission?
Yes, but rarely treated as such as very difficult to prove intention, direct or indirect
Can an unborn child be murdered?
No, but may constitute the separate offences of abortion and child destruction.
Legally life begins at birth
What 3 conditions are required for death?
- Stops breathing
- Heart stops pumping
- Brain ceases to function
Under common law, can a brain dead person be murdered?
No, legally considered dead ∴ cannot be murdered
In what case did a mother deliberately inject her son with heroin as he was in a permanant vegative state (PVS)?
INGLIS 2011:
- Lawful for doctors to remove life support as their duty is to sustain life and this lasts only as long as the patient’s interests are being furthered.
- Not Lawful if performed by stranger or member of patient’s family
What is the MR for murder
Intention to kill (also know as express malice) or an intention to cause GBH to V
Can you be guilty of murder if intention to kill is not intended, contemplated or even objectively foreseable?
Yes - will require a change of the law to remove this
If a jury can only prove that D foresaw the concequences of his actions to whatever degree of probability what can it establish?
Only recklessness - this is sufficient for manslaughter and but not murder
If D intends to cause V serious injury and V later dies as a result of a further event affected by the attack is D guilty of murder?
Provided D intended to cause V serious injury, this is enough to convict.
What is constructive liability with regard to murder and causing serious injury?
Liability for murder is constructed out of elements of the lesser crime (causing GBH with intent).
Controversial as murder carries a mandatory life sentence.
Which law established the Loss of Control partial defence to murder?
Coroners and Justice Act 2009
Limited the types of trigger available that were previously acceptable with the former defence of provocation.
What two elements are required for a loss of self-control with regard to murder?
(i) D must lose self-control
(ii) Requires a trigger for loss of self-control, though not sudden. (A long delay between trigger and killing will weaken the defence)
What are the two qualifying triggers for loss of self-control?
- Fear of serious violence
- Thing or things done which led to:
a. Circumstances of extremely grave character
b. A justifiable sense of being seriously wronged
What is meant by circumstances of an extremely grave character?
Designed to filter out trivial triggers such as nagging, crying and sexual jealousy.
Sexual infidelity mentioned as NOT a trigger
In what case did a burgler attempt to appeal on the grounds of loss of control after being convicted of murder?
BOWYER (2013).
V was known to D. V made a number of extremely insulting remarks abouts D’s girlfriend leading to his murder by D. CoA ruled that defence not available as his status was as a burgler at that point.
How does a revenge killing differ from loss of control?
A revenge killing is seen as being sufficiently meditated to negate the element of moral INVOLUTARINESS in a provoked killing
In what case did a wife kill her husband by setting fire to his room after a long period of ill-treatment and brutality?
AHLUWALIA (1993)
- D had attempted suicide on 2 occasions, but remained with D for over a decade.
- Discovered that V was having an affair.
- Convicted of murder
- Duffy (1949) required that actions be sudden - would have better defence with new law
When offered both the defences of loss of self-control and self-defence what is considered the most likely defence to win with?
Self-defence as once the loss of control defences is raised it may be hard to prove that self-defence took place even with strong evidence
Loss of Self-Control, as with most defences, places the burden of proof on whom?
The burden of (dis)proof is on the prosecution
Where act first contained the defence of diminished responsibility?
Homicide Act 1957
