Homicide Flashcards
What is homicide and what 2 offences does it include?
The unlawful killing of one human being by another.
1) Murder
2) Manslaughter
What does murder require?
Both Actus Reus and Mens Rea
What are the two types of manslaughter with brief explanation?
- Voluntary Manslaughter - Partial defences reduce liability from murder
- Involuntary Manslaughter - Liability arises without intent to kill (through gross negligence or unlawful acts)
What is the modern definition of murder?
Unlawful killing of a person under the King’s peace with the intent to kill or cause grievous bodily harm (GBH)
What does the MR for murder require?
- Intention (direct or oblique)
- Malice aforethought (encompasses intent to kill or cause GBH; premeditation is not required)
What 2 special issues in murder are currently unlawful in England and Wales?
- Mercy Killings
- Euthanasia
What is the key case on mercy killing?
R v Inglis (2010) EWCA
For voluntary manslaughter, what are the 3 partial defences to murder and their corresponding acts?
1) Loss of self-control - Coroners and Justice Act 2009
2) Diminished responsibility - Homicide Act 1957
3) Suicide Pact - Homicide Act 1957
What is meant by loss of self-control?
Losing control due to a qualifying trigger - fear or violence or things said/done
What is meant by diminished responsibility?
Requires an abnormality of mental functioning arising from a recognised medical condition
What are the 3 general defences to murder?
- Self-defence = D must use reasonable and proportionate force
- Insanity = Requires D to be unable to understand the nature of their act under the M’Naghten Rules
- Intoxication = May negate intent but rarely succeeds in murder cases
What are the two main sentences for murder?
1) Mandatory Life sentence = Minimum tariff typically 15 years
2) Whole life orders = Reserved for heinous crimes (not eligible for parole)
What were the reform proposals by the law commission 2006?
Instead of a two-tier structure of general homicide offences (murder and manslaughter), there should be a three-tier structure (like in the US)
What is the definition of voluntary manslaughter?
When D satisfies both AR and MR for murder, but a partial defence reduces the liability to manslaughter
What are the 3 key elements for LoC (loss of control)?
1) D’s acts resulted from aloss of self-control
2) The loss of control had aqualifying trigger
3) A person of D’ssex and age, with a normal degree of tolerance and self-restraint, in D’s circumstances, might have acted similarly - (reasonable person standard)
What 2 things must the loss of control be with key cases?
- Must be genuine (subjective test) - Jewell (2014)
- Need not be sudden - Ahluwalia (1992)
What are the qualifying triggers for LoC?
- Fear of serious violence (subjective test)
- Things said or done of extremely grave character causing a justifiable sense of being seriously wronged (mixed subjective/objective test)
What are the four key elements of DR (diminished responsibility)?
1) Abnormality of mental functioning
2) Recognised medical condition
3) Substantial impairment
4) Abnormality must provide a casual explanation for the killing
What must the substantial impairment for DR be of?
Substantial impairment of:
- Understanding conduct
- Forming rational judgement
- Exercising self-control
Who does the laws of LoC protect + exclude?
Protects those acting under extreme emotion but excludes revenge or calculated actions
What are reform issues surrounding LoC and DR?
- Vagueness in the “justifiable sense of being seriously wronged” (LoC)
Restriction of DR due toGoldsinterpretation of “substantial”
What is involuntary manslaughter?
Where D causes V’s death but lacks specific intention required for murder (intent to kill of cause GBH)
What are the three main categories of involuntary manslaughter?
1) Unlawful Act Manslaughter (UAM)– also called constructive manslaughter
2) Gross Negligence Manslaughter (GNM)
3) Reckless Manslaughter– less common.
What 3 elements must the prosecution prove to establish UAM (AR)?
- An unlawful act - D must commit a criminal act, not merely tort or omission
- The act was dangerous - It must pose a risk of “some harm” to V (assessed objectively)
- The act caused V’s death - standard causation principles apply
What is the objective test for a dangerous act?
PerChurch, “all sober and reasonable people” must recognise the act poses a risk of some harm
What are the 4 key elements of gross negligence manslaughter (GNM) as per Adomako (1995)?
1) D owed V a duty of care
2) D breached that duty
3) The breach caused V’s death
4) The breach was grossly negligent, justifying criminal liability
What are 3 examples of duty of care in GNM with corresponding case examples?
- Doctor-Patient (Adomako [1995])
- Employer-Employee (Dean [2002])
- Dangerous situations (Evans [2009])
What is reckless manslaughter?
Where D is reckless as to causing death or GBH but does not meet the criteria for UAM or GNM
What is corporate manslaughter?
Refers to situations where an organisation is held criminally liable for a person’s death due to serious management failings
What legislation governs corporate manslaughter?
Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007)
What 4 things need to be established for an organisation to be guilty of corporate manslaughter?
1) Duty of care
2) Gross breach of duty
3) Senior management failure
4) Causation
Who do organisations owe a duty of care to?
- Employees
- Customers
- The public
(premises liability)
What do courts base whether a duty of care exists on (CM) (mentioning the case)?
Courts assess whether a duty exists based on Caparo Industries plc v Dickman (1990)
- Foreseeability
- Proximity
- Reasonableness
What 4 factors does the jury consider for gross breach of duty (in CM)?
- How serious the failure was
- Risk of death posed
- Breaches of health and safety laws
- Any organisational culture encouraging non-compliance
What is the senior management’s involvement in CM?
The failings must be linked to senior management, meaning those who play a significant role in decision-making (strategic or operational)
- Includes directors, board members, or those controlling a substantial part of the company
What 4 organisations are covered under CMCHA 2007?
Liability applies to:
- Corporations (e.g., companies, local authorities, NHS bodies)
- Public bodies (e.g., government departments)
- Police forces
- Partnerships and trade unions (where they act as employers)
What are the 3 main penalties for corporate manslaughter?
- Unlimited fines - The Sentencing Guidelines suggest fines range from £180,000 to £20 million, depending on factors like company size and severity
- Remedial orders - Courts can order changes to workplace policies and structures
- Publicity orders - Requires companies to publicise their conviction
What are the 3 key differences between CM and GNM?
1) CM = targets organisations
1) GNM = targets individuals
2) CM = requires systematic failings
2) GNM = requires personal recklessness or negligence
3) CM = Penalties: fines, remedial/publicity orders
3) GNM = Penalties: imprisonment, fines
What are the 3 main challenges in prosecution for corporate manslaughter?
- Difficulties in proving senior management failure (large organisations may decentralise responsibility)
- High threshold for gross breach (must be far below reasonable standards)
- Slow enforcement (few convictions despite major workplace deaths)
