Homicide

Question 1

What is the definition of Murder?

Answer 1

The unlawful killing of a person under the Queen’s Peace with malice aforethought.

Question 2

Inglis [2010]

Answer 2

The appellant was convicted of murdering her son who was in a vegetable state. She made two attempts on her sons live in which the second succeed. It was held that mercy killing is still murder even without malice aforethought.

Question 3

What type of intention must you have for Murder?

Answer 3

You must have the intention to kill (express malice) or to cause grievous bodily harm.

Question 4

What are the types of Voluntary manslaughter?

Answer 4

Loss of Control, Diminished responsibility, Suicide pact

Question 5

What are the types of involuntary manslaughter?

Answer 5

Recklessness, Gross Negligence & Unlawful act manslaughter.

Question 6

What are the elements of Loss of Control contrary to the Coroners and Justice Act 2009?

Answer 6

A. D’s act/omission must result from Ds loss of control
B.The loss of self-control had a qualifying trigger.
C. A person of normal tolerance & self restraint might have reacted in a similar way.

Question 7

Woolin 1999

Answer 7

The defendant threw his 3 month bold baby son on to a hard surface and the baby died. He was originally convicted of murder but the House of Lords substituted this for murder. It was held that intention is found only when the prohibited consequence is virtually certain and the defendant knew this.