Criminal Homicide Flashcards
MURDER MENS REA
Requires Intention to kill, or an intention to cause grievous bodily harm (GBH)
RECKLESS MANSLAUGHTER MENS REA
Requires foresight of death or serious injury.
GROSS NEGLIGENCE MANSLAUGHTER MENS REA
Requires no foresight, but a very high degree of negligence as to the risk of death
CONSTRUCTIVE MANSLAUGHTER MENS REA
Requires neither foresight nor even negligence as to the risk of death (or serious injury).
RECKLESS MANSLAUGHTER COMISSION OR OMISSION?
Can be committed by commission or omission.
GROSS NEGLIGENCE MANSLAUGHTER COMISSION OR OMISSION?
Can be committed by commission or omission.
CONSTRUCTIVE MANSLAUGHTER COMISSION OR OMISSION?
It cannot be committed by omission.
CRIMINAL HOMICIDE
Involuntary manslaughter
- Reckless manslaughter
- Gross negligence manslaughter
- Constructive manslaughter
X
CRIMINAL HOMICIDE
Murder
- Voluntary manslaughter
- Loss of self control
- Diminished responsibility
- Suicide pact
X
D launches a savage attack on V with fists and feet. V dies in hospital of his injuries.
is murder, since D has the fault element for murder (intention to cause grievous bodily harm).
D, wishing to scare V from the neighbourhood, pours petrol through V’s letterbox and sets it alight. V dies in the resulting fire.
is reckless manslaughter. Although lacking the intention to kill or cause grievous bodily harm, there is evidence of foresight of either of these results. It is also constructive manslaughter.
D, angry with V, delivers a single punch to V’s chin. V falls over and hits his head on the pavement. V dies of the injury due to a weakness in his skull.
is constructive manslaughter. Although D neither intended nor foresaw death or serious injury, he did intend to cause injury to V, which is sufficient fault for this kind of manslaughter.
D, an anaesthetist, gives V, who is undergoing an operation, a massive overdose of anaesthetic, having failed to notice a decimal point on the dosage recommended in her anaesthetist’s handbook. V dies as a result.
is gross negligence manslaughter, which, depending on the jury’s view of the matter, is charged when D kills V not in the course of an attack but in the course of doing something so carelessly as to justify holding D to account for the death.
D, aged 20, points a gun at V, her 10-year-old brother, in the course of a game and pulls the trigger. D believes it to be the toy gun given to her brother for Christmas. In fact, it is the gun of her mother, who is a police officer, and the gun is loaded. V dies of the wound.
also involves homicide, but it is not a criminal homicide, since D lacks criminal fault and so the killing is not unlawful.
Prime Conduct elements of Murder
a killing, which is unlawful, of a human victim.
A killing is lawful if it is _________ ; that is, not blameworthy. It is also lawful if a valid defence operates: for example, self-defence.
accidental
__________ is not a defence to liability for criminal homicide by affirmative action: there is no defence of euthanasia or of (consensual) duelling.
Consent
The UK does respect autonomy in respecting the wishes of those that refuse __________ treatment. To violate this respect would be unlawful and could amount to assault.
life saving
UK Criminal homicide law protects ONLY living humans.
- The killing of a fetus in the womb does not constitute _________ , but may constitute abortion or child destruction
- Charges cannot arise from acts against a __________.
criminal homicide…. dead person.
