Homicide

Question 1

What is a Murder?

Answer 1

Where a person, Unlawfully Kills, a Human being, born alive breathing with own lungs, under the queens peace with intent to kill or cause grievous bodily harm

Question 2

Actus Reus of murder

Answer 2

Kill or death following intent of causing GBH

Question 3

Mens Rea for murder

Answer 3

Necessary intention exists the defendant feels sure death or serious bodily harm is a virtual certainty.

Question 4

How significant must the link be between the Act/ omission and the death

Answer 4

Substantial but need not to be the sole or main cause.

Question 5

If a victim refuse treatment is this still murder

Answer 5

Yes the chain of causation is not broken.
A victim declining treatment on religious grounds you subsequently dies is still victim of murder.

Question 6

If medical treatment fails is this still murder

Answer 6

yes the chain of causation is not broken

Question 7

Death following Gross negligence would be what offence?

Answer 7

Manslaughter not Murder

Question 8

Death following another unlawful act would be what offence?

Answer 8

Manslaughter

Question 9

What defences of murder would downgrade the offence to manslaughter?

Answer 9

Loss of control / Diminished responsibility or suicide pact

Question 10

What four elements must be present for diminished responsibility

Answer 10

Whether the defendant was suffering from an abnormality of mental functioning

If so, whether it had arisen from a recognised medical condition

If so, whether it had substantially impaired his ability either to understand the nature of his conduct or to form a rational judgment or to exercise self-control (or any combination)

If so, whether it provided an explanation for his conduct

Question 11

what three elements must be present for loss of control deffence

Answer 11

Killing due to loss of control, not desire for revenge

Loss of control has a qualifying trigger either (or both):
Fear of serious violence (fear trigger)
Things done or said of such grave character and which caused defendant to have a justifiable sense of being wronged (anger trigger)

3. Objective test: of similar age and sex of defendant with normal degree of restraint might have reacted in the same way

Question 12

What element must be present for the suicide pact defence?

Answer 12

the defendant must intent to die too