Criminal Homicide

Question 1

MURDER MENS REA

Answer 1

Requires Intention to kill, or an intention to cause grievous bodily harm (GBH)

Question 2

RECKLESS MANSLAUGHTER MENS REA

Answer 2

Requires foresight of death or serious injury.

Question 3

GROSS NEGLIGENCE MANSLAUGHTER MENS REA

Answer 3

Requires no foresight, but a very high degree of negligence as to the risk of death

Question 4

CONSTRUCTIVE MANSLAUGHTER MENS REA

Answer 4

Requires neither foresight nor even negligence as to the risk of death (or serious injury).

Question 5

RECKLESS MANSLAUGHTER COMISSION OR OMISSION?

Answer 5

Can be committed by commission or omission.

Question 6

GROSS NEGLIGENCE MANSLAUGHTER COMISSION OR OMISSION?

Answer 6

Can be committed by commission or omission.

Question 7

CONSTRUCTIVE MANSLAUGHTER COMISSION OR OMISSION?

Answer 7

It cannot be committed by omission.

Question 8

CRIMINAL HOMICIDE
Involuntary manslaughter

• Reckless manslaughter
• Gross negligence manslaughter
• Constructive manslaughter

Answer 8

X

Question 9

CRIMINAL HOMICIDE
Murder

• Voluntary manslaughter
• • Loss of self control
• • Diminished responsibility
• • Suicide pact

Answer 9

X

Question 10

D launches a savage attack on V with fists and feet. V dies in hospital of his injuries.

Answer 10

is murder, since D has the fault element for murder (intention to cause grievous bodily harm).

Question 11

D, wishing to scare V from the neighbourhood, pours petrol through V’s letterbox and sets it alight. V dies in the resulting fire.

Answer 11

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.

Question 12

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.

Answer 12

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.

Question 13

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.

Answer 13

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.

Question 14

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.

Answer 14

also involves homicide, but it is not a criminal homicide, since D lacks criminal fault and so the killing is not unlawful.

Question 15

Prime Conduct elements of Murder

Answer 15

a killing, which is unlawful, of a human victim.

Question 16

A killing is lawful if it is _________ ; that is, not blameworthy. It is also lawful if a valid defence operates: for example, self-defence.

Answer 16

accidental

Question 17

__________ is not a defence to liability for criminal homicide by affirmative action: there is no defence of euthanasia or of (consensual) duelling.

Answer 17

Consent

Question 18

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.

Answer 18

life saving

Question 19

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 __________.

Answer 19

criminal homicide…. dead person.