Homicide

Question 1

Murder - common law

Answer 1

Murder is committed when a person unlawfully kills another human being under the kings peace with malice aforethought

Question 2

What does unlawfully killing
Mean

Answer 2

Means actively causing the death of another without justification. It also includes occasions where someone fails to act after creating a situation of danger

Question 3

What does another human being mean

Answer 3

This includes a baby who has been born alive and the child must be fully expelled from the womb, the umbilicord need not be cut

Question 4

Homicide act 1957
Suicide pact
section 4

Answer 4

A common agreement between two or more persons having for it’s object the death of all of them

Question 5

Proof the defendant was acting in part of a suicide pact

Answer 5

Must show a suicide pact has been made and
Had the intention of dying at the time the killing took place

Question 6

Involuntary manslaughter

Answer 6

Involuntary manslaughter is defined as an individual who has committed an unlawful killing without an intention to cause grievous bodily harm or kill the victim, causing the death by recklessness or gross negligence instead.

Question 7

Manslaughter

Answer 7

Where an unlawful killing is done without an intention to kill or to cause grievous bodily harm

Question 8

Causing or allowing a child or vulnerable adult to die or suffer serious physical harm

Answer 8

Section 5 of the Domestic Violence, Crime and Victims Act 2004 provides it to be an offence if a child or vulnerable adult dies or suffers serious injury by a member of their household and had frequent contact with them caused the death of serious injury or allowed it to happen.

Question 9

What is a child

Answer 9

Anyone under the age of 16

Question 10

Self defence

Answer 10

Self-defence is a defence permitting reasonable force to be used to defend yourself including lethal force but they have to be reasonable and in proportion to the threat