Homicide Flashcards
What is the actus reus of murder/homicide?
- unlawful
- killing
- human being
- king’s peace
What are lawful killings?
- Killing enemy soldiers in battle
- Advancement of justice
- Self defence
What is self defence for murder defined as?
force was reasonable and necessary to prevent crime or protect self, others or property
How is killing approached in the actus reus of homicide/murder?
- Factual – but for
- Legal – substantial cause
What is not a human being for the actus reus of homicide/murder?
- Brain death
- Babies – fully expelled (not necessary for umbilical cord to be cut)
What is the mens rea for murder?
Malice aforethought:
* Intention to kill
* Intention to cause GBH (serious harm)
What is the sentence for murder?
Mandatory life
What are the two special defences to murder?
- diminished responsibility
- loss of control
What is the effect of a defence of diminished responsibility/loss of control on a murder charge?
defendant convicted of voluntary manslaughter instead
Who is the burden of proof on for diminished responsibility?
Defence
What is the test for diminished responsibility?
abnormality of mental functioning which
1. Arose from recognised medical condition
2. Substantially impaired ability to (one or more)
a. Understand nature of conduct
b. Form rational judgment
c. Exercise self control
3. Provides explanation for D’s act/omission
a. Significant contributory factor
What is an abnormality of mental functioning?
state of mind so different from ordinary human that a reasonable man would term it abnormal
can voluntary intoxication give rise to the defence of diminished responsibility?
Not if it is the explanation for D’s act
What is the sentence for voluntary manslaughter?
Court discretion
Who is the burden of proof on for loss of control?
Prosecution to prove that a component is missing
What is the test for loss of control?
- Loss of self control
- Qualifying trigger - fear or anger
- Normal person in D’s circumstances might have acted in the same way
How is the qualifying trigger part of loss of control specifically applied?
- Fear of serious violence
- Things said or done which
o Extremely grave character and
o Caused D to have a justifiable sense of being seriously wronged - Not if caused by thing which D incited/sexual infidelity
What of the defendant’s circumstances will not be considered for loss of control?
those that bear on capacity for tolerance/self restraint
What are the limitations of loss of control?
- Considered desire for revenge
- Excuse to use violence
- Sexual infidelity (only if sole qualifying trigger)
- Attempted murder charge
When can the jury consider voluntary intoxication for loss of control?
If it has connection with things said/done, jury can take into account in assessing gravity of qualifying trigger
When can the jury consider voluntary intoxication for diminished responsibility?
- independent of abnormality, D has abnormality of mental functioning and is voluntarily intoxicated
- result of ADS
What are the types of involuntary manslaughter?
- unlawful act
- gross negligence
What is the test for unlawful act manslaughter?
- Intentional act
- Unlawful
- Dangerous
- Caused death
What are the three aspects of an act being unlawful for involuntary manslaughter?
- Criminal act
- Intrinsically unlawful act and
- Act rather than omission
