Homicide Flashcards
What is meant by murder?
“Person unlawfully kills a human with intent to kill or cause GBH (that ultimately leads to death)”
What is meant by murder intent?
Exists if the defendant feels sure that the death or serious bodily harm is a virtual certainty
What is the skull rule, give an example.
The accused does not escape liability if their victim is susceptible to injury. E.g. The defendant stabbed a victim, pierced lung but refused blood transfusion on religious grounds.
What are the 3 ways manslaughter can be committed?
1) Killing with the intent for murder but where a partial defence applies
2) Gross Negligence Manslaughter
3) Unlawful Act Manslaughter
What is meant by killing with the intent for murder but where a partial defence applies?
- Loss of control - objective, no desire for revenge
- Diminished responsibility - whether defendant suffers from a abnormality in mental functioning and therefore, impairs judgment
- Killing pursuant to a suicide
Is killing with the intent for murder but where a partial defence applies voluntary?
Yes
What is meant by Gross Negligence Manslaughter?
The defendant owed a duty of care to the deceased and therefore, the negligence is the cause of death.
Is Gross Negligence Manslaughter voluntary?
It is involuntary
What is meant by Unlawful Act Manslaughter?
Taking part in an unlawful act involving danger of some harm that resulted in death. E.g. ABH that resulted in death.
If there is intent to cause harm it is_____?
If there is intent to kill it is______?
Harm = manslaughter
Kill = murder
What is important to remember about Attempt Murder?
The intention must be to kill, not to cause GBH.
Is Unlawful Act Manslaughter voluntary?
It is involuntary
