Homicide Flashcards
Sam beats Trevor with a baseball bat intending to cause GBH injuries. Trevor later dies. Is sam guilty of murder?
Yes - you need the intent to either KILL or cause GBH.
If the act (or omission to discharge their duty of care) was NOT the substantial cause of death, is the defendant guilty?
NO. There must be a casual link between the act and the consequent death of the victim. The chain must not be broken.
Adam has previously suffered a head injury . The suspect wants to cause him GBH and he is punched to the head and dies because of this. Would the defendant be charged/dealt with differently?
NO. You must take the victim as you find them. This would be the defendants back luck.
If a foetus is harmed whilst still in the mothers womb and therefore dies and is still born. Is this murder?
NO. The baby must have completely emerged into the world drawn breath before dying for it to be murder. (Unnecessary for the umbilical cord to have been cut).
If an attacker intends to cause GBH to a mother, she gives birth and her baby dies due to this will it be possible to secure a murder conviction?
NO - as the attacker only intended to hurt the mother. Manslaughter would be the only possible conviction.
If the attacker intends to kill the mother and her baby dies after birth could the defendant get a murder conviction?
YES - the baby must still draw breath, but if the intention was to KILL the mother then yes this would be possible.
If a British citizen murders abroad they can be tried for murder in England and Wales. Is this correct?
YES - Regardless of what country the murder took place and their nationality. As long as they are a British citizen they can be tried in England and Wales.
If A tells B that they would like to purchase a gun from B to murder C and B sells A this gun and A goes on to kill C. Will B be an accessory to murder?
YES - B knew the gun was being sold so that A would murder C.
Gareth is ran over on purpose and over 3 years later he dies. Is consent required to prosecute for murder?
YES - the general rule is that no consent is needed. However if the victim dies more than 3 years after sustaining their injuries or the defendant has already been convicted for an offence connected with the death then consent is required from either the ATTORNEY GENERAL or the SOLICITOR GENERAL.
What are the 3 special defences of voluntary manslaughter?
Diminished responsibility.
Loss of self-control.
Suicide pact.
HUMZA puts a burning rag through a victims letterbox intending to cause arson and burn the house. The fire takes hold and kills someone. He didn’t intend to kill anyone but did intend to cause arson. What offence is he guilty of?
Manslaughter by an unlawful act. He intends to cause the arson and had the men’s rea for this unlawful act, the unlawful act was dangerous and a death has been caused.
For involuntary manslaughter to be caused by gross negligence, what is defined?
No intent but they had a duty of care to the victim and they breached this duty of care and this resulted in the death of the victim.
Are special defences available for attempted murder?
NO - these defences are only available if a victim dies.
If one of the 3 special defences are established for murder what would the conviction be?
Voluntary manslaughter.
Who bears the burden of proof to prove a special defence raised for murder?
Initially rests with the prosecution. If they are able to discharge this burden then it shifts to the defence to prove it.