Homicide

Question 1

define homicide

Answer 1

killing or the acceleration of the death of a person under the King’s peace

Question 2

common law requirement of homicide untill 1996

Answer 2

the death that to occur within a year and a day of the defendant’s act

Question 3

3 main heads of homicide

Answer 3

• murder
• voluntary manslaughter
• involuntary manslaughter

Question 4

define murder

Answer 4

when a man of sound memory and of the age of discretion, unlawfully killeth within any county of the realm any resonable creature in rerum natura under the king’s peace, with malice aforethought, either expressed by the party of implied by the law (Coke, 3 inst. 47)

Question 5

using Coke’s definition, what is the actus reus of murder?

Answer 5

unlawfully causing the death of a human being under the king’s peace

Question 6

using Coke’s definition, what is the mens rea of murder and voluntary manslaughter?

Answer 6

‘malice aforethought’
- an intention to kill or cause GBH

Question 7

types of involuntary manslaughter

Answer 7

• unlawful manslaughter
• gross negligence manslaughter
• reckless manslaughter
• corporate manslaughter

Question 8

which type of homicide has no mens rea

Answer 8

involuntary manslaughter

Question 9

what does voluntary manslaughter require

Answer 9

a partial defence e.g., loss of control, diminished responsibility, suicide pact, infanticide

Question 10

elements of loss of control

Answer 10

did defendant lose self-control (subjective test)
+
did the loss of control have a qualifying trigger
+
might a person of D’s age and sex, with a normal degree of tolerance and self-restraint have acted as D did? (objective test)

Question 11

‘control’ characteristics’

Answer 11

characteristics which affect the level of self-control to be expected
(age and sex - Camplin, 1978)

Question 12

‘gravity’ charactertistics

Answer 12

characteristics which affect the gravity of the provocation to D

Question 13

elements of diminished responsibility

Answer 13

abnormality of mental functioning
+
from recognised medical condition
+
substantial impairment of D’s ability to understand nature of conduct, form rational judgement, or exercise self-control
+
which provides explanation for D’s acts/ omissions in killing

Question 14

infanticide

Answer 14

• causes the death of her child who is aged under 12 months
• disturbed mind by reason of not having fully recovered from birth

Question 15

definitional elements of manslaughter

Answer 15

• intentional act
• unlawful act
• dangerous act

Question 16

5 definitional elements of gross negligence manslaughter

Answer 16

• defendant owe victim a duty of care (Evans, 2009
• omission (Evans, 2009)
• breach of duty (Adomoko, 1995; Lower, 1973)
• the breach involves an obvious risk of death (Kuddus, 2019; Rose, 2017; Winterton, 2018; Broughton, 2020)
• causation
• gross negligence (Andres v DPP, 1973; Adomoko, 1995)