Homicide Flashcards
Murder
Common law
Mandatory life imprisonment
Murder definition
Murder is committed when a person unlawfully kills another human being under the Queen’s peace with malice aforethought
Murder committed by under 18 year old
Sentence is detention at Her Majesty’s pleasure
Murder committed by 18-21 year old
Sentence is custody for life
Murder - another human being
Includes a baby who has been born alive and has existence independent of its mother.
So they have been fully expelled from the womb.
Does not matter if the umbilical cord was cut.
If D intends to kill/seriously injure pregnant mum and baby is born alive then dies from it, it would be manslaughter.
If D intends the child to die then it would be murder.
Where must murder be commmitted?
Anywhere
Offence applies as long as D is a British citizen
Doesn’t matter where in world or who V was
Mens rea for murder
Malice aforethought
Intention to kill or cause serious injury (GBH)
So it is a crime of specific intent
Mens rea for attempted murder
Intention to kill only
Year and a day rule
No longer applies
Must get AG consent to prosecute if death is over 3 years after the injury or person has been previously committed of an offence committed in the circumstances alleged to be connected to the death
Voluntary manslaughter
Charged with murder then person raises a special defence which reduces it to voluntary manslaughter
Diminished responsibility
Loss of control
Diminished responsibility
s2 Homicide Act 1957 / s52 Coroners and Justice Act 2009
4 stage test:
Was D was suffering from an abnormality of mental functioning?
If so, had it arisen from a recognised medical condition?
If so, did it substantially impair his ability to understand the nature of his conduct, form a rational judgment or exercise self control?
If so, does it provide an explanation for his conduct?
Question of fact for jury to decide.
Can be a number of causes for the abnormality of the mind.
Don’t have to prove the abnormality of the mind was the sole cause of the killing.
Burden is with defence and on the balance of probabilities
Loss of control
s54 Coroners and Justice Act 2009.
Killing must be due to a loss of control.
Loss of control must have a qualifying trigger (fear or anger):
- Ds fear of serious violence (subjective)
- Things said or done of such grave character and which caused D to have a justifiable sense of being wronged (objective)
Objective test - would someone of a Ds age and sec with a normal degree of tolerance and self-restraint and in the circumstances of D might have reacted in the same or a similar way.
Circumstances of D does not include Ds personal level of tolerance and self-restraint e.g. if D had a short temper that is irrelevant
Loss of control does not need to be sudden.
CAN NOT be for revenge
For defence to prove on balance of probabilities
Suicide pact
s4 Homicide Act 1957
Burden on D to prove on balance
D must prove a suicide pact had been made and he had the intention of dying at the time the pact was made.
Involuntary manslaughter
Where D causes death of another but is not shown to have had the required mens rea for murder.
Manslaughter
The unlawful killing of another human being
Indictable
Up to life imprisonment
Unlawful act manslaughter
3 elements -
D did an unlawful act
The unlawful act was likely to cause bodily harm
D had the mens rea for the unlawful act
Unlawful act
D must have committed a criminal offence
The unlawful act does not need to be aimed towards anyone e.g. could br criminal damage
Must be a positive act not omission
If Vs actions break chain between Ds unlawful act and the cause of death D will not be liable for Vs death
Unlawful act likely to cause bodily harm i.e. be dangerous
The unlawful act must involve a risk of some bodily harm
Does not have to be serious harm
Harm must be physical, not emotional or psychological
Objective test - would the risk of harm be foreseen by a reasonable and sober person watching
E.g. throwing a paving stone off a bridge onto the path of a train
Basically the unlawful act must be recognised by a reasonable person as being dangerous and likely to subject the victim to the risk of some physical harm which in turn caused the victims death
D must have had the mens rea for the unlawful act
D must have the mens rea for the unlawful act which led to the death of V
D cannot rely on their lack of mens rea induced by voluntary intoxication as manslaughter is a crime of basic intent
Gross negligence manslaughter
4 stages
D must have owed V a duty of care.
By a negligent act or omission D breached the duty of care.
The negligent act or omission was a cause of the death.
The negligence, which was a cause of the death, amounts to gross negligence and is therefore a crime.
Whether conduct amounts to gross negligence is a question of fact for the jury.
Jury must think whether conduct of D was so bad as to amount to in their judgment a criminal act/omission.
Causing or allowing a child or vulnerable adult to die or suffer serious physical harm
s5 Domestic Violence, Crime and Victims Act 2004
Indictable
Child - under 16.
Vulnerable adult - over 16 whose ability to protect themselves from violence, abuse or neglect is significantly impaired through physical or mental disability or illness or old age or otherwise.
Must prove V died as a result of the unlawful act or omission.
D must have been, at the time, a member of Vs household and had frequent contact with V - visiting very often can be enough even if they don’t live there.
D must be over 16.
