Homicide Flashcards
Murder - mens rea
“Malice aforethought”, meaning:
(1) Intention to kill, or
(2) Intention to cause GBH
Murder - definition
The unlawful killing of a human being, within the King’s Peace, with malice aforethought
Loss of control defence - requirements (3):
AR + MR for murder is made out, but:
(1) D has suffered a loss of control
(2) The loss of control came from a qualifying trigger
(3) An ordinary person of D’s sex and age might have reacted the same in the circumstances
“Anger” trigger for loss of control must be…
… (1) as a result of things done or said, which (2) resulted in D having a justified sense of being seriously wronged
R v Clinton (2012)
Although sexual infidelity is not something “done or said” for the anger trigger in loss of control, it can be a relevant part of the context
Loss of control defence is excluded where there is evidence of…
… a “considered desire for revenge”
In the loss of control defence, how suddenly a person reacts to a provocation is important because…
… if they do not act suddenly, it will be harder to show they have “lost control” (although sometimes it may still be possible to do so)
R v Doughty (1986)
D killed his baby son aged 19 days when he wouldn’t stop crying. Under old law he could have pled loss of control, but under current law he wouldn’t be able to as he has no “justifiable sense” of being “seriously wronged”
R v Zebedee (2012)
D lost control when his father with Alzheimers repeatedly soiled himself and killed him. He could not use loss of control defence as he had no “justifiable sense” of being “seriously wronged”
Loss of control defence is set out in the…
Coroners and Justice Act 2009 s54(1)
R v Jewell (2014)
For loss of control, there must be evidence of a person having lost “normal powers of reasoning” going beyond simply bad mood, tiredness or irritation
What cannot count as something “done or said” in the anger qualifying trigger?
Sexual infidelity (on its own - unless part of a wider context)
“Fear” trigger in loss of control means…
… A genuine fear of serious violence, to oneself or another person
The “fear” trigger cannot be used when D has…
…incited the violence initially, with the aim of gaining a pretext for violence
Diminished responsibility - requirements (4):
AR + MR for murder is made out, but:
(1) D has an abnormality of mental functioning
(2) This arises from a medically recognised condition
(3) It substantially impairs D’s ability to (a) understand the nature of their conduct, (b) form a rational judgment or (c) exercise self-control
(4) It explains D’s actions in killing V