Criminal Law 2 - Homicide

Question 1

What are the elements of a murder offence?

Answer 1

• Actus Reus:
  unlawful killing (factual & legal causation) of a human being under Queen’s Peace
• Mens Rea:
  intention to kill or cause GBH (serious harm)

Question 2

How does murder apply to babies?

Answer 2

• must be fully expelled to be considered alive
• not necissary for umbilical cord to be cut
• pregnant woman stabbed in the abdomen, not guilty of murder of child

Question 3

What are the cases on Mens Rea for murder?

Answer 3

burglar kicked elderly woman in the face - intended to cause serious harm therefore had MR for Murder.

Question 4

What are the two types of Manslaughter?

Answer 4

• Voluntary Manslaughter
• Involuntary Manslaughter

Question 5

What defence can reduce a murder offence to voluntary manslaughter?

Answer 5

If D is:

• loss of control
• diminished responsibility

Question 6

What are the 2 types of involuntary manslaughter?

Answer 6

• Unlawful act: kills someone while committing an unlawful act (but no mens rea for murder)
• Gross negligence: D breached DoC to V causing death

Question 7

What requirements are there to prove unlawful act involuntary manslaughter?

Answer 7

• D intentionally (voluntarily) did an act
• Act was unlawful
• Unlawful act was objectively dangerous.
• Unlawful act caused death of victim: factual & legal causation

(Burglary of elderly man & heart attack)

Question 8

Unlawful act involuntary manslaughter - what does dangerous mean?

Answer 8

• some harm but need not be serious
• judged objectively with D’s knowledge at time.
• harm foreseen = physical not emotional
• harm foreseen need not be harm actually caused
  (Robbed petrol station wouldn’t know of dodgy heart v’s robbed frail old man)

Question 9

What are the cases on unlawful act involuntary manslaughter?

Answer 9

• D pointed gun at friend for a joke, neither party thought there was a risk, V was shot. No unlawful act therefore no unlawful act involuntary manslaughter.
• Landlord removed patron from pub, V fell down stairs and died. Reasonable force therefore no assault therefore no unlawful act involuntary manslaughter.

Question 10

Unlawful act manslaughter, what does dangerous act harm mean?

Answer 10

• some harm but need not be serious
• judged objectively with D’s knowledge at time.
• harm foreseen = physical not emotional
• harm foreseen need not be harm actually caused
  (Robbed petrol station wouldn’t know of dodgy heart v’s robbed frail old man)

Question 11

Unlawful act manslaughter, what does caused death mean (drugs)

Answer 11

Inject drugs - offence and cause
Supply drugs - if freely and voluntarily self administered then no cause.

Question 12

What requirements are there to prove gross negligence involuntary manslaughter
?

Answer 12

1. Existence of a DoC
2. Breach of that DoC (act or omission)
3. Breach caused death (factual & legal)
4. Obvious Risk of death (death, not injury/serious injury)
5. Serious enough for gross negligence (amounts to criminal act or omission)

• carbon monoxide poisoning ✅
• slumped drug user no help ✅

Question 13

What medical cases are there on gross negligence involuntary manslaughter?

Answer 13

• anaesthetist didn’t check oxygen tube - guilty
• Dr didn’t check on V, ignored advice from nurses and other doctors - guilty
• Junior doctors asked for help - not Grossly negligent
• Several tenants complained of Gas fires - maintenance man guilty

Question 14

What requirements are there to prove gross negligence manslaughter - what does risk of death mean?

Answer 14

Means risk of death not serious harm
- Optometrist missed check ❌

Question 15

What are the types of Voluntary manslaughter?

Answer 15

• Diminished responsibility voluntary Manslaughter
• Loss of Control voluntary Manslaughter

Question 16

Voluntary manslaughter - loss of control - what sort of defence

Answer 16

Partial

Question 17

Voluntary manslaughter - loss of control - who has BoP?

Answer 17

• Judge decides whether defence can be put to Jury, if so
• Prosecution has BoP- but only need show one element missing

Question 18

Voluntary manslaughter - loss of control - what is required?

Answer 18

• killing resulted from D’s loss of control
• qualifying trigger
• no disqualifying trigger
• objective reasonable for someone with D’s attributes to lose control.

Question 19

Voluntary manslaughter - loss of control - what are qualifying triggers?

Answer 19

• fear of violence
• things said or done of a grave character that led to a justified sense of being wronged
• a person of D’s sex, age with a normal degree of tolerance in the circumstances of D might have reacted in the same way

Question 20

Voluntary manslaughter - loss of control - what are disqualifying triggers?

Answer 20

can’t be:
- mere circumstances (traffic)
- D incited V to use violence
- Revenge
- sexual infidelity
- attempted murder

Question 21

Voluntary manslaughter - loss of control - what are non-allowable characteristics when considering whether the reasonable person would have acted in a similar way?

Answer 21

• Bad temper
• Intoxication
• Extreme sensitivity
• PTSD
• Personality Disorder

Question 22

Voluntary manslaughter - loss of control and intoxication - what’s the beef?

Answer 22

Loss of control approached by standard of sober man. Taunts of alcoholism still contribute, but being drunk wouldn’t.

Question 24

Voluntary manslaughter - diminished responsibility - who has the burden of proof?

Answer 24

Defence to prove on balance of probabilities

Question 25

Voluntary manslaughter - diminished responsibility - what’s required?

Answer 25

• abnormality of mental functioning
• recognised medical condition
• explains D’s acts
• substantial impairment of D to
  — understand nature of conduct (respawn)
  — rational judgement (bro’s instructions)
  — exercise self control (devil)

Question 26

Voluntary manslaughter - diminished responsibility and intoxication - what’s the beef?

Answer 26

• If mental abnormality, would it impair despite being drunk?
• alcohol dependency - if caused D to drink then can be an impairment