Homicide

Question 1

What is the mens rea of murder?

Answer 1

“malice aforethought

Question 2

Is a killing ever lawful?

Answer 2

Yes, it may be lawful if a defendant is acting purely in self defense.

Question 3

What are the two tests which must be satisfied to prove that a defendants conduct caused a persons death?

Answer 3

A defendants conduct must be both a factual and a legal cause,

Question 4

Give an example of a novus actus interveniens

Answer 4

A victum does something so daft or unpredictable, like jumping off the roof of a 12 story bulding to get away from a minor attack.

Question 5

What is constructive manslaughter and what are the elements that make up constructive manslaughter?

Answer 5

The elements of constructive manslaughter are a) an unlawful act; b) it must be dangerous; c) the act must cause death; d) a defendant must have intended to commit the unlawful act.

Question 6

As it relates to the crime of constructive manslaughter, what is the test for determining whether an act is
dangerous?

Answer 6

R v Church: would all sober and reasonable people recognise that there was a risk of some harm.
R v Dawson added that the risk must be of some physical harm.

Question 7

How is gross negligence tested for involuntary manslaughter

Answer 7

R v Bateman - and then changed by R v Adomako: “the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life … of others as to amount to a crime against the State and conduct deserving punishment.”

Question 8

Explain what voluntary manslaughter is.

Answer 8

Voluntary manslaughter occures when a defendent uses a partial offence for a charge of murder. Although a defendant may have the actus reus and the mens rea for a murder, by proving diminished responsibility, loss of self control or a suicide pact, a jury may find the defendant not guilty of murder, but of voluntary manslaughter.