Homicide

Question 0

Murder

Answer 0

1. Homicide Act 1957 s.1(1)
2. R v Vickers
   Murder is killing with malice afterthought. This is intention to kill or to cause GBH.
3. R v Cunningham
   Malice requires actual intent or recklessness as to whether such harm occurs
4. R v Woolin
   For a murder conviction, the jury has to be sure that death or serious bodily harm was a virtual certainty, as a result of D’s actions and that D appreciated that it was the case.

Question 1

General case law

What amounts to homicide
Test for death

Answer 1

1. Airedale NHS Trust v Bland
   Turning of life support, when in best interest of patient is no homicide.
2. R v Malcherek and Steel
   Test for cause of death is whether the brain stem has died.

Question 2

Manslaughter

Voluntary Manslaughter

Diminished responsibility

Answer 2

1. Homicide Act 1957 s 2
2. R v Byrne
   Disease of the mind…a state of mind so different from that of ordinary human beings, that a reasonable man would term it abnormal.
3. R v Khan
   Unchallenged expert medical evidence of abnormality of the mind dies not itself necessitate withdrawal of murder charge from jury

Question 3

Manslaughter

Voluntary Manslaughter

Loss of control - Coroners and Justice Act 2009 ss 54, 55

Answer 3

2. DPP v Camplin
   Reasonable man is a person having the power if self-control to be expected from an ordinary person of the sex and age of the accused, but in other respects sharing such of the accused’s characteristics as they think would affect the gravity of the provocation to him.
3. R v Ahluwalia
   Battered wife syndrome is not provocation but diminished responsibility
4. R v Thornton
   Battered wife syndrome has to be taken into account of mental characteristics in assessing the standard of self control

Question 4

Manslaughter

Involuntary manslaughter

Constructive manslaughter

Answer 4

AG’s Reference (no 3 of 1994)

Stabbing pregnant girlfriend, baby died after birth.
Malice cannot be transferred twice, however because of public policy grounds: unborn baby comes within mens rea of involuntary manslaughter.

Question 5

Constructive manslaughter - elements

Answer 5

1. Unlawful act
2. Act must be dangerous
3. Unlawful and dangerous act must cause death

Question 6

Constructive manslaughter

Unlawful act

Answer 6

1. R v Franklin
   Unlawful act must constitute a criminal offence
2. R v Lamb
   Children playing with gun. As victim did not believe that gun would go off, therefore V did not apprehend immediate personal violence. No unlawful act.
3. R v Scarlett
   If D believes that circumstances call for degree of violence used, D is not to be convicted even if belief was unreasonable.

Question 7

Constructive manslaughter

Dangerous Criminal Act

Answer 7

1. R v Church
   Unlawful act must be such as all sober and reasonable people would inevitably recognise must subject to the other person, at least, the risk of some harm resulting therefrom, albeit not serious harm.
2. R v Dawson
   Harm must be physical harm.

Question 8

Involuntary manslaughter

Gross negligence manslaughter

Answer 8

1. Andrews v DPP
   Simple lack of care not sufficient for manslaughter. Very high degree of carelessness has to be esablished.
2. R v Adamako
   Conduct of D must be so bad in all the circumstances as to amount to a criminal act or omission

a. Duty of care
b. breach of duty of care
c. Breach caused death
d. Defendant’s conduct was so bad in all circumstances as to amount in the jury’s opinion to a crime

Question 9

Manslaughter

Involuntary manslaughter

Reckless manslaughter

Answer 9

Lidar (1999)
To be liable D must have (1) foreseen a risk of serious injury or death occurring, and (2) assessed that risk as at least highly probable.