Homicide Flashcards
What are the elements for criminal liability for murder
AR: Unlawful killing of another human being living under the King’s Peace.
MR: Intention to kill or intention to cause GBH.
Absence of any valid self-defences such as self-defence
What are the elements for criminal liability for voluntary manslaughter?
AR: Unlawful killing of another human being living under the King’s Peace.
MR: Intention to kill or intention to cause GBH.
Absence of partial/special self defences such as loss of control or diminished responsibility.
Who is the burden of proof on to prove that the special defence of loss of control does not apply?
Prosecution has to prove beyond reasonable doubt that the defence does not apply.
Who is the burden of proof on to prove that the special defence of diminished responsibility applies?
Defence has to prove on a balance of probabilities that the defence of diminished responsibility applies.
Does the judge have discretion in sentencing for murder?
The judge has no discretion in sentencing other than to recommend a minimum term before a prisoner can be released on licence.
Examples of lawful killing
Killing in war;
Advancement of justice - death penalty; and
Self-defence.
Who qualifies as a human being?
A person is ‘in being’ when born alive and capable of independent life.
A corpse is not a human being
What is the punishment for murder?
Mandatory life sentence
What are the elements of diminished responsibility?
- An abnormality of mental functioning which
- Arises from a recognised medical condition AND
- Substantially impaired D’s ability to (1) understand the nature of D’s conduct, (2) to form rational judgment, or (3) to exercise self-control; AND
- Provides an explanation for D’s acts and omissions
What is an abnormality of the mind?
A ‘state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’
What are the three key requirements of the loss of control defence?
- D must have lost self control;
- Due to fear and/or anger qualifying trigger; and
- A normal person of D’s sex and age in the circumstances of D would have reacted in the same way to D.
What are the two qualifying triggers?
Fear trigger and anger trigger
What does the fear trigger require?
Defence of loss of self control requires the defendant to fear serious violence.
What are the elements of anger trigger?
- Things said and/or done;
- That constitute circumstances of an extremely grave nature; and
- That caused D to have a justifiable sense of being seriously wronged.
