Homicide Flashcards
Can someone unlawfully kill under an omission?
Yes
Can a baby in the womb be murdered?
No - it must be expelled from the womb, the cord can still be attached though.
If the defendant intended to commit GBH, but not kill, can they be convicted of murder?
Yes.
If the victim dies more than three years after their injury, who is required for a prosecution?
The attorney General - the same consent is required if the defendant has already been CONVICTED of an offence associated with the circumstances of death (not just charged)
If someone injured a pregnant woman, the baby is born and then dies as a result of the injury, will it be murder if the intention was to cause GBH or murder the baby?
Yes.
If someone injured a pregnant woman, the baby is born and then dies as a result of the injury, will it be murder if the intention was to murder the mother?
Yes - As transferred Malice applies here.
If someone injured a pregnant woman, the baby is born and then dies as a result of the injury, will it be murder if the intention was to cause GBH to the mother?
No - Transferred Malice does not apply here.
What are the three Special Defences to reduce Murder to Voluntary Manslaughter
Loss of control
Diminished Responsibility
Suicide Pact
Do the three special defences apply to Attempted Murder?
No, they are only for murder.
What is the Loss of Control defence? (Murder)
Where the defendant lost control because of a ‘Qualifying trigger’:
Such as fear of serious violence from the victim, or where the defendant felt they were going to be seriously wronged.
What is the Diminished Responsibility defence? (Murder)
Where the defendant was suffering from an abnormality of mental functioning, which impairs their acts. For example, Pre-Menstrual symptoms, Battered wives syndrome - MUST BE A RECOGNISED MEDICAL CONDITION.
What is the Suicide Pact defence? (Murder)
The defendant must have settled intention of dying at the time of the killing taking place. - Between 2 or more people.
