Homicide Flashcards
Homicide
Unlawful killing of another human being.
Defendant is criminally liable for either murder or manslaughter.
As soon as a baby is born and has an existence independent of the mother, it is protected by law.
When does death occur?
Where the brain stem which controls the basic functions of the body such as breathing, has died.
Does not matter whether the injury occurred in the womb, it is the time of death that is relevant.
Murder
Unlawful killing of a reasonable creature in being under the Queen/King’s peace with malice aforethought.
Crime of specific intent - cannot be committed recklessly.
What are the 2 types of manslaughter
Voluntary - jury must conclude that the defendant has satisfied the elements of the crime of murder, to consider voluntary manslaughter.
Involuntary - defendant kills the victim without intending either death or GBH - they have not satisfied the mens rea.
There are 2 types of involuntary manslaughter - unlawful act manslaughter and gross negligence manslaughter.
What 3 partial defences are considered when looking at voluntary manslaughter?
- Diminished responsibility
- Loss of control
- Suicide pact
What 4 elements need to be proved for the defence of diminished responsibility?
(A) an abnormality of mental functioning which
(B) arose from a recognised medical condition and
(C) substantially impaired the defendants ability to understand the nature of their conduct, and/or form a rational judgement and/or exercise self-control and
(D) provides an explanation for the defendants act or omission in doing the killing.
What are the evidential issues in relation to diminished responsibility?
Prosecution is required to prove actus reus and mens rea of homicide.
Defendant has the legal burden of proving all elements of diminished responsibility.
Standard of proof required from the defendant is only on a balance of probabilities.
What 3 elements are needed to establish loss of control?
- Defendant must lose self-control.
- Loss of control must have a qualifying trigger.
- A person of the defendants sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of the defendant, might have reacted in the same or in a similar way as the defendant did.
Who has the burden of proof to disprove loss of control?
Prosecution has to disprove loss of control beyond reasonable doubt.
What constitutes as a qualifying trigger?
Fear - defendants fear of serious violence from the victim against the defendant.
Anger - defendants loss of control was attributable to things said or done that amounted to circumstances of an extremely grave character and caused the defendant to have a justifiable sense of having been seriously wronged.
What is unlawful act manslaughter?
Defendant must do an unlawful act which is dangerous and caused the victims death. They must have intended the unlawful act.
Type of involuntary manslaughter.
What is gross negligence manslaughter?
Defendant owed the victim a duty of care, the defendant breached that duty of care, the breach caused the death of the victim and the defendants conduct was grossly negligent.
Type of involuntary manslaughter.
What is the difference between unlawful act manslaughter and gross negligence manslaughter?
Gross negligence manslaughter requires negligence and can be committed by an act or by omission - ‘criminal’ state of mind is not required i.e. intention/recklessness.
Unlawful act manslaughter - must commit an unlawful act with intention.
