Homicide

Question 1

What is the AR and MR of murder?

Answer 1

AR
* Unlawful killing
* causes death
* of a human being
* during king’s peace
MR
* with intent to kill or cause GBH

Question 2

What is the sentence for murder?

Answer 2

Mandatory life sentence
* judge has no discretion (may recommend minimum term before D can be ROL)

Question 3

When will a killing not be unlawful for the purposes of murder?

Answer 3

• enemy during war
• advancement of justice (death penalty)
• Self defence: reasonable force + necessary to prevent crime or protect life, limb or property
• Necessity (conjoined twins)
• Doctor switching off life support

Question 4

When will causation be satisfied for murder?

Answer 4

D was the factual and legal cause of V’s death and there were no intervening events:
1. Factual: but for D, V would not have died the way they did (conduct accelerates death more than negligbly)
2. Legal: substantial and operating cause (more than minimal, need not be sole. D must be culpable, egg-shell skull)
3. No intervening events: daft escape, unforseeable natural event, voluntary or not reasonably forseeable act of 3rd party

Question 5

What constitutes a human being for the purposes of murder?

Answer 5

V is born alive and capable of independent life
NOT:
* Corpse (dead when brain cannot control basic functions i.e. on life support to survive)
* Foetus (baby must have been expelled from mother but umbilical cord may still be attached)

Question 6

What will satisfy the MR of murder

Answer 6

Direct intent: death / GBH was aim or purpose
Indirect intent: Death or GBH was virtually certain and D appreciated this

Question 7

When is it relevant to consider voluntary manslaughter?

Answer 7

D satisfies the AR and MR of murder

Question 8

When is it relevant to consider involuntary manslaughter?

Answer 8

D has killed someone but did not intend to cause death or inflict GBH

Question 9

What parial defences consistute voluntary manslaughter?

Answer 9

Loss of control
Diminished Responsibility

Question 10

What offences constitute involuntary manslaughter?

Answer 10

Gross Negligence Manslaughter
Unlawful Act Manslaughter

Question 11

What elements must D prove on the balance of probabilities to establish diminished responsibility?

Answer 11

• D suffered an abnormality of mental functioning
• D’s abnormality of mental functioning arose from:
  1. A recognised medical condition
  2. Substantially impaired D’s ability to understand the nature of their conduct, form a rational judgement, or exercise self-control; and
  3. Provides an explanation for D’s conduct

Question 12

What is D’s sentence if they successfuly plead voluntary manslaughter

loss of control or diminished responsibility

Answer 12

At discretion of judge
- No mandatory life sentence (custodial sentence not required)
- judge can take account of all relevant factors to determine sentence

Question 14

Who has the burden of proof in relation to diminished responsibility?

Answer 14

D has legal and **evidential **burden of proving the defence on the **balance of probabilites **

Note: where a medical expert gives uncontested evidence AND all elements are satisfied, judge shoudl withdraw murder charge from jury

Question 16

What is meant by abnormality of mental functioning?

Answer 16

Ds state of mind is so different from ordinary humans a reasonable person would term it abnormal (interpreted widely)

Question 17

What conditions are included within the definition of a recognised medical condition for the purposes of diminished responsibility

Answer 17

• ADS (not heavy binge drinking)
• undiagnosed conditions

Question 18

What does the fact that medical condition must provide an explanation for D’s conduct mean in relation to diminished responisbility mean?

Answer 18

killed because of medical condition not because of rage, jealousy etc. that was not a result of their condition)

Question 19

does a medical condition need to be the only reason D killed for diminished responsibility

Answer 19

No (i.e. ok if alcohol triggered a medical condition which otherwise would not have arisen)

Question 20

If D is an alcoholic what must the jury do when considering diminished responisbility?

Answer 20

Disregard the effect of alcohol consumed voluntarily and focus exclusively on teh effect of alcohol consumed as a result of their illness

Question 21

What is the burden of proof for loss of control?

Answer 21

D has evidential burden to raise defence when giving evidence
P has legal burden to disprove beyond reasonable doubt
Judge decides whether D can present defence to jury (likely to refuse if baby crying, honour killing, conditional threat)

Question 22

What are the elements of loss of control?

Answer 22

• Loss of self-control
• D loses control due to fear or anger trigger
• A normal person may have acted similarly to D

Question 23

What constitutes loss of self control?

Answer 23

D must be unable to restrain themselves (loss of temper insufficient)
loss of control need not be sudden if response to a culmination of abuse that occurs over time

Question 24

What is the test for the fear trigger (loss of control)

Answer 24

D must fear serious violence toward themselves or another identified person (subjective test)

Question 25

What is the test for the anger trigger (loss of control)?

Answer 25

D must lose self control due to:
1. **Things said or done **(word or act not circumstance alone e.g. slow moving traffic)
2. word or action consistute circumstances of extremely grave nature (unusual / more than trivial)
3. word or action causes D to have a justifiable sense of being seriously wronged (normal person would feel same) - objective test

Question 26

What is the normal person test (loss of control)?

Answer 26

1. What is the gravity of the qualifying trigger to a person in D’s circumstances?
2. Would a normal person of ordinary tolerance and self-restraint have acted similarly to D in the circumstances?

Question 27

What can the jury account for when considering the normal person test for loss of control

Answer 27

A normal person of D’s gender, age, sexual orientation, colour, sexual infidelity, addict with normal levels of tolerance, self restraint and be sober)

NOT: bad temper, intoxication, extreme sensitivity, PTSD, personality disorder

Question 28

When can loss of control not be relied on?

Answer 28

• D acted in considered desire for revenge (e.g. evidence of planning or delay between trigger and act)
  -D incited V as an excuse to use violence against them
• sexual infidelity is the sole qualifying trigger (if other relevant triggers then sexual infidelity can also be considered)
• D is charged with attempted murder

Question 29

What is the AR and MR of unlawful act manslaughter?

Answer 29

AR
- Voluntary
- Unlawful act: (AR + MR of criminal offence) not careless dirivng or an omission
- Dangerous: D’s act presents risk of some harm
- Causes V’s death: factual and legal causation

MR of unlawful act

Question 30

What is the test for whether an unlawful act is dangerous (unlawful act manslaughter)

Answer 30

A sober and reasonable person must consider D’s act presents the risk of some harm albeit not serious harm (objective test)
- not emotional harm
- Reasonable person knows everything D knew and has any special knowledge D had or should have had and does nto make any unreasonable mistakes D made

Question 31

When will D be liable for unlawful act manslaughter in relation to supplying drugs?

Answer 31

Liable:
- administers drug to V with V’s permission
- Supplies drug to V and V is decieved does not know what they are taking

Not liable:
- Supplies drug or assists V AND V voluntarily self administers AND V is a fully informed adult

Question 32

What is the AR and MR of gross negligence manslaughter?

Answer 32

AR:
* D owes V a duty of care
* D breaches duty
* breach causes death
* risk of death
* D grossly negligent

NO MR: proof of state of mind is not required

Question 33

When will D owe V a duty of care for purposes of gross negligence manslaughter?

Answer 33

• established duty: judge will direct jury that a duty exists
• novel duty: judge will decide whether there is evidence capable of establishing a duty and if so the jury will determine whether D owes V a duty
• omission if special relationship, statute, contract, assumption of responisbility, dangerous situation

Question 34

What does risk of death mean for purposes of gross negligent manslaughter?

Answer 34

Obvious and serious risk D’s conduct could cause death at the time of the breach (not just injury or serious injury)
- not possibility of death in future / life threatening

Question 35

When will D be grossly negligent for gross negligent manslaughter?

Answer 35

D’s conduct fell so far below the standards of the reasonable person they are deserving of criminal punishment
- D recognised risk / made multiple errors / is experienced

unlikely grossly negligent if D’s mistakes are brought about by mistakes of others