Fatal Offences Flashcards
When does murder occur
Murder occurs when D kills a person with the intention to kill or cause really serious harm. It is still a common law offence as there is no statute that defines the conduct needed for murder.
What did Lord Coke define law as in 1797
‘The unlawful killing of a human being under the King’s peace within any country of the realm with malice aforethought express or implied’
What are the 4 elements that make up the actus reus for murder
- Unlawful killing
- Human being
- Under the kings peace
- Any country of the realm
Unlawful killing:
For murder, the killing must be considered unlawful. There will be times when the victim’s death will be lawful and therefore does not result in criminal liability.
When will a killing be lawful
- Necessity (Re A)
- Self Defence (Martin)
Re A:
Facts: Twin girls were born joined together and both would die if they were not separated. If the twins were seperated, then one of them would die.
Held: the CoA held that it would be lawful to separate the twins due to necessity
Gibbins v Proctor:
Facts: D deliberately separated a seven-year-old girl, Nelly, from the other children in the house and starved her to death
Held: Both D’s were liable for murder by omission
Human Being:
This means the victim must be alive, they must have been born. The law states that human life begins at the point a child is able to have an ‘Independant existence outside the womb.’
What is voluntarily manslaughter
Voluntary manslaughter is where D has satisfied the AR and MR of murder however, there is a defence as to why they killed which would reduce the charge of murder to voluntary manslaughter
Where are both defences for voluntary manslaughter set out
Coroners and justice Act 2009 and are partial defences
What is diminished responsibility
It is a partial defence to a charge of murder and if successful, D will be found guilty of manslaughter and this allows the judge discretion in sentencing
What is Diminished responsibility defined as
‘A person should not be convicted of murder if they were suffering from:
(A) an abnormality of mental functioning, which
(B) arises from a recognised medical condition
(C) which substantially impairs their ability to understand the nature of their conduct; or from a rational judgement; or exercise self control
(D) and provides an explanation for D’s actions’
Abnormality of Mental functioning s.52(1)
- the accused must suffer from an abnormality of mental functioning which is established through medical evidence. This was established in (Bryne) as being ‘a state of mind so different from that of ordinary human beings that a reasonable man would term it abnormal’
Bryne:
Facts: D was a sexual psychopath who strangled a young woman and mutilated her body. His condition meant he could not control his perverted desires
Held: His conviction of murder was quashed by the CoA and given manslaughter as his state of mind was so different from that of ordinary human beings that a reasonable man would term it abnormal
Arises from a recognised medical condition s.52 (1)(a):
The abnormality of mental functioning must arise from a medical condition that is recognised by psychiatrists according to an internationally defined list
Who is up to to prove that D has a medical condition
The defence
What must happen for murder to be withdrawn from the jury
2 doctors agree on RMC (Brennan)
Challen - coercive control
Facts: D was originally convicted of murder after killing her husband by hitting him over the head with a hammer. D tried to plead diminished responsibility on the basis that she was prescribed anti-depressants but the defences were rejected by the Jury
Held: Overturned by the CoA after coercive control became a criminal offence. The depression caused by the husband meant that the defence of diminished responsibility could be raised
Tandy - alcohol dependance syndrome
Facts: D, an alcoholic, strangled her 11-year-old daughter to death. D had drank almost a full bottle of vodka and was an alcoholic.
Held: conviction for murder upheld. D had demonstrated she had exercised control over her drinking
Ahluwalia - battered spouse syndrome
Facts: D poured petrol over her sleeping husband and set him on fire. He had been abusive throughout the relationship and threatened to hit her with an iron that evening
Held: the CoA allowed her appeal on the basis of diminished responsibility as a resulted of battered spouse syndrome
Seers - depression:
Facts: D was suffering from reactive depression and stabbed his wife to death
Held: he could rely on depression and wasn’t liable for stabbing his wife to death
Kay - schizophrenia:
Facts: D was a schizophrenic and drug user. He went on a three-day drug and alcohol binge and stabbed someone to death whilst in a psychotic episode
Held: Whilst schizophrenia can be used as a defence, but as voluntary intoxication triggered his reaction not his illness, his appeal was rejected
Conroy - autism:
Facts: D had autism and ADHD. He killed a girl with he intention of having sex with her.
Held: the jury returned a verdict of murder. He appealed on the grounds of misdirection. The court of appeal upheld his conviction
Where is diminished responsibility defined
s.2 Homicide Act 1957 as amended by s.52 Coroners and Justice Act 2009:
