Criminal Homicide; Murder & Manslaughter

Question 1

Actus Reus of Both Murder and Manslaughter

Answer 1

1) A Killing ( an act or omission in breach of duty)
2) The Death of A Human Victim
3) The Act or the Omission Causes the death

Question 2

Life Begins when an Individual is fully born

Answer 2

AGR#3

Question 3

Life ends with the cessation of Brain Activity

Answer 3

R v Malcherek

Question 4

You cannot consent to being killed by an affirmative action

Answer 4

R v Nicklinson

Question 5

You Can refuse treatment that will save your life

Answer 5

NHS v S

Question 6

Murder; Mens Rea

Answer 6

1) Intention to Kill

2) Intention to Cause Grievous Bodily Harm

Question 7

Murder; Mens Rea; Direct Intention

Answer 7

Desiring the consequence to occur/ having that consequence as one’s aim or purpose, and acting accordingly.

Question 8

Murder; Mens Rea; Indirect Intention

Answer 8

Acting in the knowledge of death or GBH is virtually certain although it is not what the accused is aiming and the D knew that it was an inescapable consequence

Question 9

GBH; Grievous Bodily Harm; Definition

Answer 9

Grievous bodily harm means really serious bodily harm.
• Injury resulting in permanent disability
• Broken or displaced limbs or bones
-Injuries which cause substantial loss of blood or result in lengthy treatment

Question 10

Coroners Justice Act 2009. S. 54

Answer 10

Loss of Self Control; A defence to Murder

Question 11

Loss of Self Control; Subjective Trigger

Answer 11

1. A loss of self-control
2. A qualifying trigger (provoking acts or words)
   • A. fear of violence, OR
   • B. things said or done which
   (i) Are extremely grave, and
   (ii) Induced D to believe he had been seriously wronged, which belief was, in the circumstances, justifiable.
3. The loss of self-control need not follow suddenly from the trigger (Ahluwalia)

Question 12

Loss Of Self Control; Sexual Infidelity

Answer 12

Clinton, Parker & Evans

It was accepted because sexual infidelity was part of the story leading to the qualifying trigger, it wasn’t the qualifying trigger in itself.

Question 13

Loss of Self Control; Objective Hurdle

Answer 13

The loss of self-control must be consistent with what can be expected of ordinary people of the age and sex of D with normal tolerance and powers of self-control

Question 14

3 types of Manslaughter

Answer 14

1. ‘foresight’ or ‘reckless’ manslaughter
2. ‘unlawful act’ or ‘constructive’ manslaughter
3. gross negligence manslaughter (causing death through lack of care)

Question 15

Reckless Manslaughter

Answer 15

D foresaw death or serious injury resulting from his/her conduct but there is insufficient evidence that D directly intended that consequence or foresaw it as virtually certain.

Question 16

Constructive Manslaughter

Answer 16

that death resulted from an unlawful act of D but there is insufficient evidence that D intended or foresaw death or serious injury.

Question 17

Gross Negligence Manslaughter

Answer 17

Kill in the course of performing a lawful activity in a criminally careless fashion, or omit to doing something that they should have done.

Question 18

Constructive Manslaughter; Actus Reus

Answer 18

1. An act (causing death)
     r v Lowe
2. The act must be criminally unlawful
     r v Lamb
3. The act must be unlawful in itself (e.g. assault), rather than because (e.g. dangerous driving) it is performed in a dangerous fashion. 
    r v Andrews
4. The act need not be directed against the victim BUT the act must cause the death.
    r v Mitchell

Question 19

Constructive Manslaughter; Mens Rea

Answer 19

• D must have the fault element of the criminal act relied upon (e.g. of assault, criminal damage etc.): If the criminal act is assault, then you need the Mens Rea for assault.

DPP v Newbury & Jones

Question 20

Gross Negligence manslaughter

Answer 20

The prosecution must show:
• D owed a duty of care,
• D was in gross violation of this duty,
• Death occurred as a result of this breach of duty.
The Duty of Care element is much wider ranging
r v Evans (duty of intervention)