Homicide

Question 1

Murder - Common Law
Life imprisonment (mandatory if o'21)
Life in custody (mandatory 18 - 21)
Det at her majesty's pleasure (u 18)
Unlawfully kills another human under the Queens Peace WITH malice aforethought

another human - Baby outside womb, umbilical cord need NOT be cut.

British citizen who murders anywhere in world can be tried in England/Wales.

Only intention to kill supports charge att murder.

Self intoxication NOT defence murder for mistake and acting in self defence.

Malice aforethought - int to kill, GBH (Specific intent).

Consent of AG required if injury occ > 3 yrs b4 death
Consent AG if def already convicted lesser offence

Answer 1

Voluntary Manslaughter (diminished resp, loss control, suicide pact defences) = finding by court for MURDER rather than a specific offence.

s2 Homicide Act 1957 - Diminished Responsibility
abnormality of mental functioning which
- arose from reg. medical condition
- SUBSTANTIALLY impaired defs ability (of understanding, rational judgment, self-control) AND
- explains defs acts/omissions relating to killing - MUST be significant contributory factor.

Onus of defence to prove this. Bal Probs
Principal/accessory if this defence proven - Manslaughter

s54 Corners and Justice Act 2009 - Loss of control

loss self control had a qualifying trigger AND
person of def sex and age with normal degree tolerance and self restraint and in circs might have reacted in similar way.

Loss control need NOT be sudden
Revenge is not a consideration
If defence raised it is for pros to prove beyond all reasonable doubt that it is not. = Manslaughter

Question 2

Qualifying triggers;
Def fear of SERIOUS violence from victim to self or another identified person ( genuine fear, reasonable)
Things said/done of extremely grave nature. Def justifiable sense of being wronged.

does not incl sexual infidelity or the def inciting violence from the victim.

s4 Homicide Act 1957 - Suicide Pact

Burden proof on def to prove suicide pact made AND intention dying at time killing took place.

Manslaughter is crime basic intent - cannot rely on vol intox as defence.

Answer 2

Involuntary Manslaughter - D/not have req mens rea for murder.

Manslaughter - Common Law
Ind. Life

Unlawful killing of another. No int to kill/GBH

Manslaughter by UNLAWFUL ACT (constructive manslaughter) - prove:

• unlawful act (act itself is a criminal offence)
• unlawful act likely to cause bodily harm ( judged by reas sober person)
• def had mens rea for unlawful act.

e.g dang driving not an unlawful act BUT if use vehicle as a weapon = unlawful

If IP breaks chain causation def not guilty of unlawful act

Omissions, psychological and emotional harm not covered.

Question 3

Manslaughter by Gross Negligence
Trial judge will assess ‘gross’ to jury
having regard to risk of death involved, def conduct so bad in all circs as to amount a criminal act/omission.

s 1 Corporate Manslaughter and Corporate Homicide Act 2007
ind. unlim fine

way in which activities managed/organized caused a persons death AND amounted to gross breach duty care.

Death need sot occur in UK, British ship/aircraft etc.

Answer 3

s5 Domestic Violence, Crime and Victims Act 2004
Causing/allowing child/vuln adult to die/suffer serious harm.
ind. if death = 14yrs / fine
o/w 10 yrs / fine

IP dies/suff serious PHYSICAL harm (GBH) as result UNLAWFUL act and at time of act def
- member same household AND
- frequent contact
AND
- def caused death/harm - or ought to have been aware
- failed to take reasonable steps to protect IP
- Def (ought to )foresaw act in circs

Child if under 16.

At or omission id unlawful if = offence

If def < 16 yrs cannot commit offence unless parent to child.

Question 4

s2 Suicide Act 1961 - Encourage/assist suicide
Ind. 14 yrs

Def does not need to know IP.
Intention of def is key. Act need not be attempted.
DPP consent required.

s2A - Acts capable of encouraging or assisting
If using a third party, that third party must do the act of encouraging or assisting suicide.

Act incl course of conduct.

Answer 4

s4 OAP Act 1861 - Solicitation of murder
ind - life

solicit, encourage, persuade, endeavor to persuade or propose to any person, to murder another.

e.g. creating audio tapes of public speeches to encourage killing of non-believers
material to encourage killing of Members Parliament and providing their personal details
encouraging pregnant woman to kill child when born
contract killings (should the ‘killer’ be an officer as alternative to conspiracy)