Homicide Flashcards
What is the AR and MR of murder?
AR
* Unlawful killing
* causes death
* of a human being
* during king’s peace
MR
* with intent to kill or cause GBH
What is the sentence for murder?
Mandatory life sentence
* judge has no discretion (may recommend minimum term before D can be ROL)
When will a killing not be unlawful for the purposes of murder?
- 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
When will causation be satisfied for murder?
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
What constitutes a human being for the purposes of murder?
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)
What will satisfy the MR of murder
Direct intent: death / GBH was aim or purpose
Indirect intent: Death or GBH was virtually certain and D appreciated this
When is it relevant to consider voluntary manslaughter?
D satisfies the AR and MR of murder
When is it relevant to consider involuntary manslaughter?
D has killed someone but did not intend to cause death or inflict GBH
What parial defences consistute voluntary manslaughter?
Loss of control
Diminished Responsibility
What offences constitute involuntary manslaughter?
Gross Negligence Manslaughter
Unlawful Act Manslaughter
What elements must D prove on the balance of probabilities to establish diminished responsibility?
- 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
What is D’s sentence if they successfuly plead voluntary manslaughter
loss of control or diminished responsibility
At discretion of judge
- No mandatory life sentence (custodial sentence not required)
- judge can take account of all relevant factors to determine sentence
Who has the burden of proof in relation to diminished responsibility?
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
What is meant by abnormality of mental functioning?
Ds state of mind is so different from ordinary humans a reasonable person would term it abnormal (interpreted widely)
What conditions are included within the definition of a recognised medical condition for the purposes of diminished responsibility
- ADS (not heavy binge drinking)
- undiagnosed conditions
What does the fact that medical condition must provide an explanation for D’s conduct mean in relation to diminished responisbility mean?
killed because of medical condition not because of rage, jealousy etc. that was not a result of their condition)
does a medical condition need to be the only reason D killed for diminished responsibility
No (i.e. ok if alcohol triggered a medical condition which otherwise would not have arisen)
If D is an alcoholic what must the jury do when considering diminished responisbility?
Disregard the effect of alcohol consumed voluntarily and focus exclusively on teh effect of alcohol consumed as a result of their illness
What is the burden of proof for loss of control?
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)
What are the elements of loss of control?
- Loss of self-control
- D loses control due to fear or anger trigger
- A normal person may have acted similarly to D
What constitutes loss of self control?
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
What is the test for the fear trigger (loss of control)
D must fear serious violence toward themselves or another identified person (subjective test)
