Homicide

Question 1

Men’s Rea of murder?

Answer 1

S4 criminal justice act 1964
(1) killing shall not be murder unless accused intended to kill / cause serious injury wether person killed or not
(2) accused shall be presumed to have intended natural & probable consequences of conduct

Question 2

Test for intention murder?

Answer 2

Subjective
Charleton: takes into account mentality, intoxication, personal circumstances
More inescapable death more difficult to rebutt

Question 3

Manslaughter?

Answer 3

Broad offence, all unjustifiable killings
O Flaherty in Dpp v Mullane: capable of variety of manifestations, raging from bordering murder to misadventure

Question 4

Voluntary Manslaughter?

Answer 4

Men’s rea for murder but mitigating circumstances

Question 5

Voluntary manslaughter defences?

Answer 5

Provocation, self defence, dimished responsibility
Campell notes factors affect mental element of crime & therefore finding of murder cannot be reached

Question 6

Provocation defence?

Answer 6

Only exists in relation to murder & partial defence only
Sudden & temporary loss of control
Charleston described: concession to human frailty

Question 7

Provocation test?

Answer 7

Subjective
Dpp v McEoin 1978: jury should be asked - did accused react in way that bore reasonable relation to provocation offered?
If yes manlaughter

Question 8

Excessive Self Defence Defences?

Answer 8

Arises where accused used more force than necessary but no more than honestly believed
If force used excessive, accused can be convicted of manslaughter

Question 9

Test for excessive self defence?

Answer 9

A.G v Dwyer 1972: if more force used than objectively necessary killing is unlawful

Question 10

Diminished responsibility defence?

Answer 10

S6 of criminal law (insanity) act 2006
Defence must establish accused suffering from mental disorder not sufficient to cause insanity
Does not include intoxication

Question 11

How can involuntary manslaughter arise?

Answer 11

By unlawful & dangerous act
Failure to perform some legal duty
Criminal negligence

Question 12

Unlawful & dangerous act Concept? 🎤

Answer 12

R v Holzer 1968: reasonable man in accused position would have realised he was exposing another to an appreciable risk of really serious injury

Question 13

Unlawful & dangerous act case law?

Answer 13

R v wild 1837 (kicked guest)
Judged on objective standard, AG v Crosbie & Meehan 1966 (stabbed, brawl)
Kenny J: “Dangerous quality of the act must be judged by objective standards & it is irrelevant accused did not think it was dangerous”

Question 14

Failure to perform a duty?

Answer 14

Can arise by contract, special relationship, blood relationship, voluntary assumption of responsibility
R v Taktak 1988

Question 15

Gross negligence manslaughter?

Answer 15

R v Larkin: if a person is engaged in doing a lawful act & behaves so negligently as to cause the death.. it will not amount to manslaughter unless negligence is of a very high degree and shows the accused to have been reckless as to the consequences
R V Ademako 1994 (anaesthetist)

Question 16

Test for gross negligence?

Answer 16

Decide if defendant would be considered negligent under civil standard
Decide if negligence caused the death
Decide wether negligence was so great as to constitute gross negligence