Homicide Flashcards
AR of homicide
the accused must cause the victim’s death by an act or an omission
what’s the definition of homicide
‘homicide involves the killing of another self-existent human being’
case law for Death as a result of an act
Tees v HMA 1994
case facts of Tees v HMA 1994
- V assaulted and left in a coma
- A pled guilty to aggravated assault
V died 3 months later - New charge of culpable homicide against A
- Appeal refused – charge was relevant
- Two different crimes, assault and culpable homicide
- Subsequent prosecution was justified as death occurred
- Time between incident and death wasn’t significant as they were related
case law + facts of death as a result of an omission
- R v Gibbins and Proctor 1918
- Parents murdered child by starvation
- V’s death caused by an omission
- A under a legal duty to act
what does establishing the actus reus concern
- when life begins
- when life ends
why is the AR concerned with when life begins
- Person must be fully born before they can be the subject of homicide
- ‘fully born’ - child must have both ‘cried and breathed’
case law + facts for when a child who is born alive dies as a result of injuries inflicted before birth, this may be homicide
- McCluskey v HMA 1988
- Accused charge with causing death by reckless driving
- Child born by emergency caesarean section after the accident
- Where a child is born alive and subsequently dies a result of injury caused in the womb, there may be a criminal homicide
why is the AR concerned with when life ends
Must be a death for a crime of homicide and a causal link between the act and the death
case law + facts for when life ends
- Finlayson v HMA 1979
- Accused charged with culpable homicide
- Life support machine switched off
- Chain of causation wasn’t broken by this act
- No novus actus interveniens between criminal act and victim’s death
what is murder
‘murder is constituted by any wilful act causing the destruction of life, whether intended to kill, or displaying such wicked recklessness as to imply a disposition depraved enough to be regardless of consequences’
what is the AR of murder
Accused must have caused the V’s death either by an act or omission
what is the MR of murder
A) wicked intention to kill OR
B) wicked recklessness
case authority + facts for the MR of murder
Drury v HMA 2001
- Macdonald’s definition is incomplete
- Mere intention to kill is not sufficient for murder
- Murder requires a wicked intention to kill
Mens Rea for Murder post Drury v HMA decision;
‘Murder is constituted by any wilful act causing the destruction of life, whether wickedly to kill, or displaying such wicked recklessness as to imply a disposition depraved enough to be regardless of consequences’
