Fatal offences-Murder Flashcards
Define homicide.
The killing of one human being by another.
Give examples of lawful homicide.
Member of armed forces killing an enemy in combatant in times of war.
In self-defence, using necessary and reasonable force.
Give examples of unlawful homicide.
Murder
Voluntary manslaughter
Involuntary manslaughter
Infanticide
Death by dangerous driving.
What does being convicted of murder require?
Intent to kill or commit GBH
What does voluntary manslaughter require to be convicted?
Intent to kill or cause GBH
What can voluntary manslaughter be reduced and separated from murder with?
Defences of:
Diminished responsibility
Loss of control
What does involuntary manslaughter require to be convicted?
No intent to kill but blameworthy conduct
What is infanticide?
Killing of a victim under 1 years old.
What type of offence is murder?
Common law.
What does murder being a common law offence mean?
Define through case law, not Parliament (i.e. not Act of Parliament)
Who is the most commonly accepted definition of murder given by?
Early 17th century judge.
Sir Edward Coke
What did Sir Edward Coke define murder as?
“The unlawful killing of a reasonable person in being under the king’s peace, with malice aforethought, express or implied…”
What is the AR of Sir Edward Coke’s definition of murder?
The unlawful killing of a reasonable person in being under the king’s peace.
What is the MR of Sir Edward Coke’s definition of murder?
With malice aforethought, express or implied…
Where can you find a simpler definition of murder?
Law Commission Report:
Murder, Manslaughter and Infanticide [2006] LC 304 (paragraph 1.13)
What does the Law Commission Report on murder, manslaughter and infanticide [2006] define murder as?
‘Murder is committed when someone unlawfully kills another person, with an intention either to kill or to do serious harm.’
What is the AR of the Law Commission Report’s definition of murder?
Murder is committed when someone unlawfully kills another person.
What is the MR of the Law Commission Report’s definition of murder?
With an intention either to kill or to do serious harm.
What phrase did Sir Edward Coke’s definition of murder originally include?
“…so that the wounded party shall die…within a year and a day of the same.”
What was the phrase in Sir Edward Coke’s definition of murder removed by?
The Law Reform (Year and a Day Rule) Act 1996
What was the removed sentence from Sir Edward Coke’s definition of murder replaced with by The Law Reform?
-if the ‘cause’ of death occurs more than 3 years before the victim died or the D has already been convicted of some other offence (e.g. GBH) in relation to the acts that caused the death, the consent of the Attorney General must be secured before prosecution can be brought.
Under what act is it said that British citizens can be tried in a British court for murder or manslaughter committed anywhere in the world?
OAPA 1861
Which act stated the punishment for murder?
The Murder (Abolition of Death Penalty) Act 1965.
What did the The Murder (Abolition of Death Penalty) Act 1965 state the punishment of murder as being?
A person convicted of murder must be sentenced to life imprisonment.
What does sentenced mean in the The Murder (Abolition of Death Penalty) Act 1965 punishment for murder statement?
Does not mean “serve” a sentence imprisonment for the rest of their life.
Part of the life sentence is served in prison, and the remainder served not in prison.
In practice, around how many years are criminals with murder convictions released and why?
Most released after 10-15 years “on licence”
Means they can be recalled to prison for many reasons.
What are the 2 cases used to describe a reasonable person in being?
Attorney-General’s Reference (No.3 of 1994)
Malcherek & Steel (1981)
Summarise the facts of Attorney-General’s Reference (No.3 of 1994).
D stabs pregnant woman.
Baby is born but later dies.
What is the principle deriving from Attorney-General’s Reference (No.3 of 1994)?
A foetus still attached to its mother by umbilical cord isn’t a reasonable person in being.
Summarise the facts of Malcherek & Steel (1981).
When doctors switched off life support machines, in these 2 cases, this was not considered an intervening act and the Ds who hospitalised them was liable.
What is the principle deriving from Malcherek & Steel (1981)?
Someone on a life support machine with an inactive brain stem is not a reasonable person in being.
What does “under the king’s peace” mean?
Just means the V is not an enemy combatant (soldier) at a time of war.
What can the AR of murder take form of?
An act
An omission where there is a duty to act.
Give the 6 situations where there is a duty to act.
- Statutory duty
- Duty arising from a special relationship
- Assumption of care
- Contractual duty
- Duty arising from a public position
- Creating a dangerous situation.
Which case is used for a duty arising from a special realtionship?
Gibbins and Proctor (1918)
Which case is used for assumption of care?
Stone and Dobinson (1977)
Which case is used for a contractual duty?
Pittwood (1902)
Which case is used for a duty arising from a public position?
Dytham (1979)
Which case is used for creating a dangerous situation?
Miller (1983)
What is the test and case for factual causation?
But for test
White
What are the tests and case for legal causation?
Substantial (Cato) and operative (no intervening acts)
What are the additional tests for causation about?
V’s own actions
What are the 2 additional tests for causation and what are their cases?
- Normal “daftness” test from Roberts-were the V’s actions foreseeable?
- From Williams-did the D’s actions create a risk of “some physical harm” to the V? (In Williams this test was not met).
Is malice required to be convicted for murder as mentioned in the Coke’s definition of murder?
No need for “malice” in the everyday use of the word.
Which cases shows that malice is not needed for MR of murder?
Gray (1965)
Summarise the facts of Gray (1965).
A parent gave a fatal overdose of drugs to their child suffering an intolerably painful illness.
What does aforethought mean in Coke’s definition of murder?
Does not need any previous planning or thinking about it beforehand, merely that the intention to kill does not occur after the act.
In practice, is the phrase “malice aforethought” very helpful?
No
What is the most useful definition for the MR of murder?
Intention to kill OR cause grievous bodily harm.
In what case was it established that causing GBH is a part of the MR of murder?
Vickers (1957)
Summarise the facts of Vickers (1957).
The D broke into an old lady’s shop.
When she discovered him, he punched and kicked her in the head.
She died from her injuries.
What are the 2 key points to remember when it comes to MR of murder?
- It is intent to cause death or serious harm.
- Recklessness is not enough.
What case shows that even if the D did not foresee the possibility of death, he has still committed the MR of murder for intent to cause serious harm?
Cunningham (1982)
What did Lord Edmund-Davies say about Cunningham (1982)in regards to someone having carried out MR for murder just for his intention to cause serious harm?
‘I find it passing strange that a person can be convicted of murder if death results from, say, his intentional breaking of another’s arm, an action, which, while calling for severe punishment, would in most cases be unlikely to kill.’
In exam scenarios, how do you structure your answer?
Decide whether there is direct intent.
If not, then consider indirect intent.
Can transferred malice be applied to murder?
Give an example how.
Yes.
I aim to shoot you, miss and kill someone else.
What case can be used for transferred malice?
Mitchell
What type of malice will not suffice for murder?
Constructive
What act was constructive malice abolished by for murder?
s.1 Homicide Act 1957
What did s.1 of the Homicide Act 1957 say?
Doctrine (principle) provided that where a D caused death in the course of intending to resist arrest or while intending to commit a felony (an old name for a more serious offence), then that MR is the MR for murder.
Give an example for the statement provided in s.1 of the Homicide Act 1957 about the MR of a felony being the MR of murder in certain circumstances.
If the D killed the victim in the course of a robbery, the MR of robbery is sufficient MR for murder.
Which case can be used to show how indirect intent might be addressed in court?
Stringer (2008)
Summarise the facts of Stringer (2008).
Teenage D deliberately started fire in house all his family were asleep.
Walked away.
Fire was so enormous he must have appreciated death or serious injury was a virtual certainty.
Therefore, had necessary intent for murder.
Are mercy killings still murder?
Yes
Which case shows that mercy killings are still murder?
Inglis (2010)
Summarise facts of Inglis (2010).
Inglis (D) killed son who was in a vegetative state due to serious head injuries.
Wished to end her son’s sufferings.
Made 2 attempts to kill him by injecting him with heroin-2nd succeeded.
D said she had performed an act of mercy to end his sufferings which was her duty as his mother.
What is a mercy killing?
Killing of a patient suffering from an incurable and painful disease.
