Homicide Flashcards
What is the test for legal causation?
The defendant must be the operating and substantial cause
What is voluntary manslaughter
D has AR and MR for murder but can rely on one of 2 defences:
- loss of control; or
- diminished responsibility
What are the elements of the loss of control defence?
1) Loss of self-control
2) Qualifying trigger
3) Reaction of normal person in D’s shoes (normal degree of self-restraint)
What is the loss of self control?
There must be evidence of a loss of self-control and that loss of self-control must have caused the killing
How is a loss of control determined?
It is a matter of fact for the jury. A mere loss of temper is not enough. D must have been unable to restrain himself
What is the qualifying trigger for loss of control?
- D’s fear of serious violence
- things said and/or done which were very serious and caused D to have a justifiable sense that he was seriously wronged
What 3 things are needed for a justifiable sense of wrong?
- Something must be said or done (or both) to D which caused D to lose self-control
- The things said and/or done must have been very serious
- D must have had a justifiable sense of being wronged
What test is used to determine a justifiable sense of being wronged?
An objective test: would a reasonable person of D’s age and sex have considered/viewed the things said or done as so very serious that they would have lost control
When can’t this trigger be used?
Qualfiying trigger for loss of control defence
If D incited the provocation or if sexual infidelity is the only cause for the sense of being wronged
How is the normal person test satisfied for loss of control?
Ask if a normal person who is the same age and gender as D would have also killed someone had they been put in D’s position and subject to the same trigger
What cannot be considered for the normal person test?
Any characteristics of D that affect their self-control (e.g., bad temper or a psychiatric disorder)
Is voluntary intoxication considered for the normal person test?
No, if D is voluntarily intoxicated this is irrelevant when applying the normal person test
- what would a normal (not drunk) person have done?
Note the defence can still be used, it just will not negate the MR
What are the elements of diminished responsibility?
Abnormality of mental functioning which arises from a medical condition, substantially impairs D’s ability to understand what they are doing and causes the killing
What is the test for abnormality of mental functioning?
It is an objective test - it must be a state of mind so different from that of ordinary human beings a reasonable man would define it as abnormal
What does arising from recognised medical condition mean?
Mental health condition recognised by doctors and the medical profession. D can be undiagnosed or diagnosed
What are examples of recognised mental health conditions:
- Adjustment disorder
- PTSD
- Asperger’s syndrome
- Depression
- Epilepsy
- Psychopathy
- Schizophrenia
What does substantially impairs D’s ability mean?
Abnormality of mental functioning must substantially impair D’s ability to do one of:
a) understand nature of his conduct;
b) form a rational judgment; or
c) exercise self-control
How does causation work for diminished responsibility?
Abnormality of mental functioning must cause or be a significant contributory factor in causing D to kill (usual causation rules apply)
There must be a causal link between D’s killing and his abnormal state of mind
What is the AR of unlawful act manslaughter?
D must have voluntarily/ intentionally committed an unlawful act which is dangerous and which causes death
Does D have to foresee the risk of death resulting from the unlawful act?
No - focus on the unlawful act itself for the MR
D must commit a crime such as assault, battery, criminal damage, but does not have to foresee a risk of death from this crime
What is the test for whether the act is dangerous?
It is an objective test: would a reasonable person in the shoes of D recognise that D’s actions would result in V being subject to some harm?
What is the MR of unlawful act manslaughter?
MR of the offence + intention to commit the unlawful act
What are the elements of gross negligence manslaughter?
D must have a duty of care to V which they have negligently breached, the breach was a substantial cause of V’s death, there was a risk of death and the breach is sufficiently serious to be criminal
Where does a duty of care arise?
D is under a duty of care to anyone where D’s actions could cause foreseeable harm to that person
