English homicide offences

Question 1

murder

Answer 1

• causing death of a human being with malice afterthought
  
  • motive and premeditation are not relevant
• s.1 (1) murder act 1965: life imprisonment

Question 2

voluntary manslaughter

Answer 2

• mens rea for murder but mitigating circumstances allow partial defence
  
  • loss of self-control (due to fear of serious violence)
  • diminished responsibility (abnormal mental functioning
• coroners and justice act 2009

Question 3

involuntary manslaughter

Answer 3

• mens rea for murder is lacking
  
  1. constructive manslaughter = unlawful act resulted in unintended death/ mens rea for core offence
  2. gross negligence manslaughter = violation of specific duty of care