Homicide

Question 1

Actus reus of murder

Answer 1

The unlawful killing of another person in the queens peace

Life ends when the brain ceases to function - Re: A (a minor) 1992

Question 2

Mens rea of murder

Answer 2

An intention to kill or cause grievous bodily harm

R v Cunningham -

Question 3

Direct intention

Answer 3

Direct intention to kill or cause GBH

Subjective test - R v Wollin

Question 4

Involuntary Manslaughter

Answer 4

D doesn’t intend to kill or cause GBH. However there is sufficient fault to justify criminal liability

Constructive manslaughter

Gross negligence manslaughter

Recklessness manslaughter

Question 5

Constructive manslaughter

Answer 5

D must have performed an act which was unlawful, dangerous and which caused the death of V - AGs ref 3

Question 6

Constructive manslaughter - unlawful

Answer 6

The actus reus of a base criminal act - R v Goodfellow (arson that killed someone)

Question 7

Constructive manslaughter- dangerous

Answer 7

Reasonable person test - would the reasonable person have appreciated the act was dangerous - R v Dawson (imitation gun, heart attack)

The risk of minor physical harm is enough to constitute danger reasonable person test- would the reasonable person have appreciated the act was dangerous - R v Carey

Question 8

Gross negligence manslaughter

Answer 8

D must have owed V a duty of some kind and negligently breached that duty. That negligent breach must have caused the death of V and been so gross as to justify a criminal conviction - R v Adomako (anaesthetist)

Question 9

Gross negligence manslaughter - duty of care (acts) duty to act (omissions)

Answer 9

Duty of care - R v Litchfield

Duty to act - R v Miller / R v Bowler

Question 10

Gross negligence manslaughter- negligent breach of duty

Answer 10

Current test for a negligent breach is R v Rose - whether a reasonable person with D’s knowledge at the time would have foreseen an obvious risk of death

Question 11

Reckless manslaughter

Answer 11

Very rare - only case R v Lidar

Would only be needed when D kills V by an omission and where D’s omission does not pose an objectively foreseeable risk of death

Question 12

Diminished responsibility - 4 tests

Answer 12

1. Abnormality of mental functioning - R v Byrne (state of mind so different from a normal person)
2. Arising from a medical condition - R v Hobson (battered woman syndrome)
3. Substantial impairment of D’s ability in one or more of 3 ways - R v Golds (has to be more than merely minimal and trivial to be substantial)
4. Explanation for D’s acts and omissions - R v Khan (schizophrenia wasn’t why he killed)

Question 13

Loss of control - 3 test

Answer 13

1. D’s loss of self-control - R v Jewell
2. There must be a qualifying trigger for the loss of control (fear R v Thornton) or (anger R v Clinton)

D’s loss of self control to be objectively understandably - R v Moorhall