Homicide Flashcards
What is the AR of murder?
Unlawfully kill another human being under the King’s peace.
What is the MR of murder?
Intention to kill or cause GBH.
Intention can be indirect/oblique.
What is the MR of murder?
Intention to kill or cause GBH.
Intention can be indirect/oblique.
What is voluntary manslaughter?
D has AR and MR for murder but can rely on one of 2 defences:
1. Loss of control; or
2. Diminished responsibility.
Special/partial defences to murder.
What is voluntary manslaughter?
D has AR and MR for murder but can rely on one of 2 defences:
1. Loss of control; or
2. Diminished responsibility.
Special/partial defences to murder.
What are the requirements of the loss of control defence?
- Loss of self-control
- Qualifying trigger
- A normal person (of D’s age/sex) might have reacted in a similar way to D.
What is the fear trigger?
-D’s loss of self-control was attributable to D’s fear of serious violence from V against D or another person
Subjective test:
-did D actually fear the use of violence?
-was what D feared serious violence?
What is the anger trigger?
-something said or done (or both) to ad which caused D to lose self-control;
-the things said/done must have been very serious - objective;
-D must have had a justifiable sense of being wronged - objective.
The trigger can’t be used if D incited the provocation from V to get an excuse for violence.
What is the anger trigger?
-something said or done (or both) to ad which caused D to lose self-control;
-the things said/done must have been very serious - objective;
-D must have had a justifiable sense of being wronged - objective.
The trigger can’t be used if D incited the provocation from V to get an excuse for violence.
What are the elements of diminished responsibility?
Abnormality of mental functioning which arises from a medical condition, substantially impairs D’s ability to:
-understand the nature of D’s conduct;
-form a rational judgment; or
-exercise self-control; and
provides an explanation for D’s acts/omissions in doing/being party to the killing.
What is the test for an “abnormality of mental functioning”?
A state of mind so different from that of ordinary beings that the reasonable man would term it abnormal. Objective test.
What is the AR of unlawful act (constructive) manslaughter?
-D intentionally/voluntarily did an act (MR)
-which was unlawful
-the unlawful act was dangerous. Objective test. D’s age is irrelevant.
-the unlawful act caused the death of the victim
E.g. D commits a crime such as assault, battery, criminal damage
What are the elements required for gross negligence manslaughter?
-D must have a duty of care to V
-D breached that duty
-there was a risk of death
-the breach was a substantial cause of V’s death
-D’s conduct was grossly negligent
