Homicide Flashcards
what two ways can manslaughter be defined?
voluntary
involuntary
what can be classed as voluntary manslaughter?
loss of control
diminished responsibility
suicide pact
what can be classed as involuntary manslaughter?
gross negligence
reckless
unlawful and dangerous acts
what are statutory homicide offences?
causing or allowing the death of a vulnerable child or adult
Domestic Violence, Crime and Victims Act 2004
causing death by driving
Road Traffic Act 1988
causing death by aggravated vehicle taking
AV-T 1992
infanticide/ child destruction
where can early examples of murder recognised as a crime be recognised?
petty treason
murder act 1751
Lord Coke 1600 in ‘Institutes’
where can the basis of provocation be found?
Dorset Hunters case 1570
house owner confronted by hunters in a forrest - killing of the hunters would allow the plea of provocation
what act meant that causing death was no longer automatically murder if it occurred in the course of committing another offence?
S.1 Homicide Act 1957
ex// rape
what offence highlights the contrary to s.1 HA 1957?
defendant commits murder if they inflicted GBH that caused death
what cases showed that GBH causing constitute murder?
R v Vickers 1957 - gbh
R v Cunningham 1982 - broken arm
what are the constructive elements of murder?
AR - causing death
MR - intention to kill or cause GBH
what did Lord Steyn argue that the current MR requirement in murder creates?
(Powell and English 1997)
‘results in defendants being classified as murderers who are not in truth murderers’
how was direct intention for murder described in R v Maloney?
judge should avoid any elaboration or paraphrase of what intention is
leave it to jury’s good sense
UNLESS judge is convinced that further explanation/ elaboration is required and necessary to avoid misunderstanding
what test applies to intention for homicide offences?
Nedrick/Woollin tests
what did the court hold that the jury could consider aswell as the seriousness of the injuries to determine whether serious harm was intended?
where?
characteristics of the victim
R v Bollom
what is the mandatory sentence for murder?
what is the average time spent in prison?
life sentence
15.5 years
what does the law commission constitute First Degree murder?
intention to kill or at least intention to do serious injury