Homicide

Question 1

Actus Reus for all Homicide Offences

Answer 1

Unlawful Killing of a human being within the King’s Peace*

*not in war

Question 2

Mens Rea for Murder

Answer 2

Intention to Kill or cause GBH

Premeditation not required- intention can be spur of moment

Question 3

2 Types of Intention

and their definition

Answer 3

1. Direct- aim or purpose
2. Oblique- Foresaw the outcome as a virtual certainty (Woolin)

D can possess the MR for murder even if he means GBH

Question 4

Minimum sentence for Murder

Answer 4

15 years

Question 5

Voluntary Manslaughter

D has MR for Murder but partially excused by…(2 types)

Answer 5

1. Diminished Responsbility
2. Loss of Control

Mitigating circumstances that allow a partial defence

Question 6

Homicide/Voluntary Manslaughter/Diminished Responsibility

Diminished Responsibility (1 of 2 types of Voluntary Manslaughter)

D not convicted if 3 factors satisfied

Answer 6

1. D suffering abnormality of mental functioning
2. Which arose from a recognised medical condition
3. That substantially impaired his ability to:
   * Understand the nature of his conduct
   * Form a rational judgment
   * Exercise self-control
   * and all of the above provide an explanation for his acts/omissions

Must be medical evidence to support the plea

Burden of proof on defence

Question 7

Homicide/Voluntary Manslaughter/Loss of Control

Loss of Control (2 of 2 types of Voluntary Manslaughter)

Due to 1of 2 things…

Answer 7

1. Fear of Serious Violence
2. Things said or done constituting circs’ of a extremely grave character and caused D to have a justifiable sense of being seriously wronged.

Burden of proof on Prosecution

Question 8

Homicide/Voluntary Manslaughter/Loss of Control

3 -Part Test for Loss of Control

Does sexual infidelity count?

Answer 8

1. Did the D suffer a LOSC? (subjective)
2. Was the LOSC casued by a Qualifying Trigger? (fear of violence, things said or done)
3. Would a reasonable person have reacted in the same way? (Objective)

No, unless its “part of the facts as a whole”

Question 9

Homicide/Involuntary Manslaughter

2 types of Involuntary Manslaughter

and their meaning…

Answer 9

1. Unlawful Act (or “Constructive”)- killed in course of committing an unlawful and dangerous act.
2. Gross Negligence Manslaughter- killed in course of lawful conduct performed grossly negligently.

Question 10

Homicide/Involuntary Manslaughter/Unlawful Act Manslaughter

3 elements to prove Unlawful Act Manslaughter

Answer 10

1. Unalwful Act- not a tort, AR and MR present (of foundation offence)
2. Of a Dangerous Kind- sober and reasonable person would recognise the danger if they have knowledge of D, only knowledge that some harm would occur, not any specific harm.
3. Ds act must cause death- ordinary principles of causation apply.

In drug supply, D must both supply and inject for it to be UAM

Question 11

Homicide/Involuntary Manslaughter/Gross Negligence Manslaughter

Whats is Gross Negligence Manslaughter and what’s the 4-part Test?

Its the anaesthetist

Answer 11

A lawful act performed grossly negligently and someone dies

1. A risk of death
2. A DoC
3. A breach of the DoC
4. Gross negligence regarding that breach