Homicide

Question 1

WHAT IS THE ACTUS REUS OF HOMICIDE?

Answer 1

The ‘unlawful killing of a human being within the Queen’s peace’

Question 2

WHAT IS THE MEANING OF ‘UNLAWFUL KILLING’ IN RESPECT OF HOMICIDE?

Answer 2

The defendant must cause the death of the victim for the crime to be that of a homicide

Question 3

WHAT IS THE MEANING OF ‘A HUMAN BEING’ IN RESPECT OF HOMICIDE?

Answer 3

Life begins once the foetus is fully expelled from the mothers womb [A-G’s Reference (No 3 of 1994) (1997)]

As long as a baby is alive and has an independent existence from it’s mother, it may be the victim of a homicide even where the conduct (which eventually caused death) occurred whilst the baby was unborn.

Question 4

WHAT IS THE MEANING OF ‘WITHIN THE QUEEN’S PEACE’ IN RESPECT OF HOMICIDE?

Answer 4

Everyone will be considered to be ‘within the Queen’s peace’ unless they are an enemy killed in battle.

Adebolajo & Adebowale (2014) confirmed that ‘within the Queen’s peace’ refers to the victim rather than the defendant.

Question 5

WHAT IS THE ACTUS REUS OF MURDER?

Answer 5

The same as homicide:

The ‘unlawful killing of a human being within the Queen’s peace’

Question 6

WHAT IS THE MENS REA OF MURDER?

Answer 6

Malice aforethought - the intention to kill or cause grievous bodily harm

Question 7

WHAT IS INTENTION?

Answer 7

Intention can be defined in two ways:

1. Direct intention - where the result is the defendants
   aim or purpose [Moloney (1985)]
2. Indirect intention - where the result is NOT the
   defendants aim or purpose but is virtually
   certain to occur if the defendant succeeds in achieving
   their primary aim or purpose and the defendant
   foresees that the eventual result is virtually certain –
   ref Nedrick [1986] & Woollin [1998]

Question 8

WHAT IS VOLUNTARY MANSLAUGHTER?

Answer 8

This covers those killing where the defendant HAS the mens rea for murder, but the law regards the murder as partly excused for:

1. Diminished Responsibility
2. Loss of Control
3. Suicide Pact (not covered in the course)

Question 9

WHAT IS DIMINISHED RESPONSIBILITY?

Answer 9

S2 Homicide Act 1957 (as amended by s52 Coroners and Justice Act 2009) states that a defendant will NOT be convicted of murder if he was:

1. Suffering from an abnormality of mental
   functioning.
2. Which arose from a recognised medical condition
3. Which substantially impaired the defendants ability
   to understand his conduct, form a rational
   judgement, or exercise self control
4. All of the above provide an explanation to the
   defendants acts and omissions

Question 10

WHO HAS THE BURDEN OF PROOF IN RESPECT OF DIMINISHED RESPONSIBILITY?

Answer 10

The defendant.

This reverse burden of proof does not affect the presumption of innocence in Article 6(2) European Convention of Human Right and as established in Foye (2014).

Question 11

WHAT IS LOSS OF CONTROL?

Answer 11

s54(1) Coroners and Justice Act 2009 states that where a defendant kills or is party to the killing of the victim, he will NOT be convicted of murder if:

1. The defendants acts and omissions resulted from his
   loss of self-control - this does not have to be a sudden
   loss.
2. The loss of self-control had a qualifying trigger

Question 12

WHAT ARE THE TWO QUALIFYING TRIGGERS IN RESPECT OF LOSS OF CONTROL?

Answer 12

1. Fear of serious violence from the victim against the
   defendant or another identified person (s55(3)
   Coroners and Justice Act 2009)
2. A thing or things done or said (or both) which
   constituted circumstances of an extremely grave
   character and caused the defendant to have a
   justifiable sense of being wronged (s55(4) Coroners
   and Justice Act 2009)

   - Sexual infidelity is NOT a qualifying trigger (Clinton 
     [2012]) on its OWN. Where it is integral to the facts 
     as a whole, it can be taken into account.

3. A person of the defendant’s sex and age, with a normal degree of tolerance and self-restraint may have reacted in the same or a similar way as the defendant in the circumstances.

Question 13

IN WHAT CIRCUMSTANCES WILL THE TWO QUALIFYING TRIGGERS NOT APPLY?

Answer 13

Where the defendant’s fear of serious violence is caused by things the defendant incited s55(6)(a) & (b) Coroners and Justice Act 2009)

Question 14

WHAT IS INVOLUNTARY MANSLAUGHTER?

Answer 14

This extends to all blameworthy killings in which the defendant’s mens rea is LESS THAN what is required for murder.

Question 15

WHAT ARE THE TWO TYPES OF INVOLUNTARY MANSLAUGHTER?

Answer 15

1. Unlawful Act/Constructive manslaughter

2. Gross negligent manslaughter

Question 16

WHAT IS UNLAWFUL ACT/CONSTRUCTIVE MANSLAUGHTER?

Answer 16

The defendant cause the victim’s death whilst engaged in an act that was both a crime and created a risk of some personal injury.

Question 17

WHAT ARE THE THREE ELEMENTS THE PROSECUTION MUST PROVE IN RESPECT OF UNLAWFUL ACT/CONSTRUCTIVE MANSLAUGHTER?

Answer 17

1. An unlawful act (a crime)
   - all elements of the actus reus and mens rea of
   the relevant crime must be proved (Lamb [1967])
2. Of a dangerous kind
3. The defendants act must cause death.
   - in respect of drug cases, in order to be liable, the
   defendant must administer or jointly administer
   the lethal drug. Supply alone is not enough as
   this breaks the chain of causation.

Question 18

WHAT IS GROSS NEGLIGENT MANSLAUGHTER?

Answer 18

The defendant killed in the course of any conduct with gross negligence.

Question 19

WHAT ARE THE ELEMENTS THE PROSECUTION MUST PROVE IN RESPECT OF GROSS NEGLIGENT MANSLAUGHTER?

Answer 19

1. Conduct
2. The defendant must owe the victim a duty of care and
   breach that duty.
3. Creation of a risk of death by a breach of the duty of
   care
4. The conduct causes death according to the principles
   of causation
5. Some further element that supplies the requisite
   degree of culpability making it gross negligence

Question 20

WHAT IS FAMILIAL HOMICIDE?

Answer 20

S5 Domestic Violence, Crime and Victims Act 2004 created the offence of causing or allowing the death of a child or vulnerable adult in the face of evidence about the scale of child abuse and following the collapse of a number of prosecutions against the parents

This offence provides that a parent or carer has a DUTY to not only refrain from abuse, but to prevent another from doing so.

Question 21

WHAT IS VEHICULAR HOMICIDE?

Answer 21

Where the defendant deliberately drives a car with the intention to kill or seriously injure the victim.

Question 22

WHAT ARE THE 5 SPECIFIC OFFENCES THAT HAVE BEEN CREATED WHERE THE VICTIM’S DEATH IS CAUSED BY THE DEFENDANTS DANGEROUS DRIVING?

Answer 22

1. Causing death by dangerous driving
   (s1 Road Traffic Act 1988)
2. Causing death by careless / inconsiderate driving
   (s2B Road Traffic Act 1988)
3. Causing death by careless driving whilst under the
   influence of drink or drugs
   (S3A Road Traffic Act 1988)
4. Causing death by unlicensed, unqualified or
   disqualified driving
   (s3ZB Road Traffic Act 1988)
5. Causing death by aggravated vehicle taking
   (s12A Theft Act 1968)

Question 23

WHAT IS CORPORATE MANSLAUGHTER?

Answer 23

This offence is committed where the organisation is managed or organised in such a way that is caused and the death amounts to a gross breach of a duty of care by the organisation to the individual.