Homicide Flashcards
The people v Njovu
Extenuating circumstances for murder;
1.that the defendant caused the death
2.by an unlawful act
3. With malice afterthought
Name the three kinds of magic
Express , implied and constructive
Express malice
S204
Intention to cause death or to cause grievous harm
Mbewe v the people
Implied malice
Knowledge that an act or omission can cause death or grievous harm
Mbomena moola v the people
Constructive malice
Intent to commit a felony that caused death while committing or attempting to commit another felony. Chitengi v the people * arson
Punishment for murder
Life imprisonment
Failed dismissed responsibility
-remorse kanyanga v the people
Drunkenness Jose Antonio Golliardi v the people
Witchcraft must fit the threshold of provocation- Kapesh and another v the people
Manslaughter
Unladylike killing without guilty minds R V LAMB
Voluntary manslaughter
Killed under provocation there is diminished responsibility
Provocation
If a man kills in the heat of sudden provocation it is manslaughter only
Rules for provocation to be valid
- Provocative act
2.a reasonably reaction
3loss of sc
Simutinta v the people
** a reasonable man woul have reacted that way also.
Do not consider the defense of provocation when
There is no provocation
Malangashi v the people
Not the same eff on a reasonable man makomela v the people ka
Loss of sc
Munkala v the people
Diminished responsibility
Not an acquittal
1.abnormality of mind
Due to anything under 12(a)(1)
3. Any of these must have substantial effects
Abnormality of mind
Medical evidence is required r v Byrne
Substantial impairment of responsibility
Has substantial effect on the accused
Makes them act that way and then a reasonable man can see he is cray
