Homicide Flashcards
Murder offence and sentence
Indictable only and mandatory life sentence, common law offence
Définition of murder
Lord Coke 1797 : The unlawful killing of a human being under the King’s peace, with malice a forethought expressed or implied
The actus reus of murder
Unlawful killing and causation
Murder is a result crime from omission or acts caused it
Human being
AG référence no. 3 1994 - - stabbed pregnant girlfriend - - - foetus is not a human being
Mr Y - - - - no longer rule on every life machine case
Airedale NHS trust v bland - - - best interest of patient veg state 2 years
R v Malcherek and Steel - - - life support doctors not liable
Die within a year and a day
1996 reform - die within 3 years due to technology
Men’s rea for murder
Malice a forethought expressed or implied
Intent to kill (expressed)
Intent to cause GBH (implied) (R v Vickers)
Loss of control
S54, 55 cja 2009 replaced provocation s37 homicide act 1957
Partial defence - - voluntary manslaughter
Définition for loss of control
Where a person kills or is a party to the killing of another, D is not to be convicted if
Ds acts and omissions in doing so resulted from Ds loss of self control
The loss of control has a qualifying trigger, and
A person of Ds age or sex, with a normal degree of tolerance and self restraint in Ds circumstance may have reacted in a similar or same way
No desire for revenge
Loss of self control
At Time of killing but trigger doesn’t
Doesn’t matter whether sudden
R v alhuwalia
Ibrams v Gregory - 5 day gap too long had time to plan
Qualifying triggers
S55
Fear of serious violence from v against d or other identified person
Attributable to things done or said which constitutes circumstances of extremely grave nature and caused d a justifiable sense of being wronged
Or combination
Fear trigger
Subjective - d must fear violence not 3rd party, fear violence must be used against d or other identified person.
Ward, Alhuwalia
Anger trigger
S55(4) has 2 circumstances of grave character and justifiable sense of being wronged (objective by a reasonable person)
Dawes - shows that it is objective
Hatter - breaking up will not justify or cause grave nature
Zebedee - father
Limitation of triggers
Self induced triggers not relied upon
Cheating is not a good enough reason but could be a factor
No desire for revenge (Clinton)
Incite violence to use it (Dawes)
Standard of self control (objective limb)
Age, sex, circumstances, normal tolerance, normal self restraint
Mohammed - stabbed daughter had religious beliefs and short temper ( no short temper).
Gregson - unemployed, depression, epilepsy taunts him these are relevant circumstances
Hill
Van dongen - even if normal person lost control must act same or similar
Diminished responsibility background
S2 homicide act 1957 amended to s52 cja 2009
Partial defence voluntary manslaughter- or prison alternatives s45 or34 mental health act 1983
