Homicide

Question 1

Describe the steps for finding someone liable for murder

Answer 1

1) has D unlawfully killed another human being?

If yes

2) Did D do so with intention to kill or cause grievous bodily harm?

If yes

3) Can D rely on the partial defence of loss of control or diminished responsibility?

If no

Liable for murder

Question 2

Describe the steps for finding D liable for voluntary manslaughter

Answer 2

1) Has D unlawfully killed another human being?

If yes

2) Did D do so with intention to kill or cause grievous bodily harm?

If yes

3) Can D rely on the partial defence of loss of control or diminished responsibility?

if no

D is liable for voluntary manslaughter

Question 3

Describe the steps for finding D liable for involuntary Manslaughter

Answer 3

1) has D unlawfully killed another human being?

If yes

2) Did D do so with intention to kill or cause grievous bodily harm?

if no

3) does D fulfil the elements of unlawful act manslaughter or gross negligence manslaughter?

If yes

D is liable for involuntary manslaughter

Question 4

Compare murder and involuntary and voluntary manslaughter

Answer 4

All share the actus rea

Murder and VM- mens rea- intention to kill or cause GBH

Involuntary manslaughter- mens rea is lacking.

The defendant has self defence available for murder and involuntary manslaughter.

For voluntary manslaughter, there has to be a valid, special or partial defence

Question 5

What are the different forms of diminished responsibility for voluntary manslaughter?

Answer 5

1) Does the defendant have an abnormality of Mental functioning? (AMF)

2) Does the AMF arise from a recognised medical condition?

3) Does the AMF substantially impair the defendant’s ability to understand the nature of their conduct, form a rational judgement and/or exercise self-control?

4) Does the AMF provide an explanation for the defendants conduct

Question 6

What are the three questions that the prosecution can use to disprove loss of control under voluntary manslaughter

Answer 6

Did the defendant lose self control?

Due to the fear and/or anger qualifying trigger?

Might a normal person have acted in the same or similar way to the defendant?

Question 7

What are the two types of involuntary manslaughter?

Answer 7

1) Unlawful act manslaughter

2) Gross negligence manslaughter

Question 8

What are the questions that must be answered yes to prove unlawful act manslaughter

Answer 8

1) did the defendant do an intentional act?

2) Was the act unlawful?

3) was the unlawful act dangerous

4) Did the unlawful act cause the death of the victim?

Question 9

What are the 5 questions that must be answered yes for gross negligence manslaughter

Answer 9

1) Did the defendant have a duty of care?

2) Did the defendant breach that duty of care?

3) Did the breach cause death?

4) Was there a risk of death?

5) was the breach of duty so bad so as to amount to gross negligence?