Homicide

Question 1

What is Murder?

Answer 1

1. ) Causing the death of a living human being through an act or omission
2. ) The killing is unlawful - meaning no legal defence is present
3. ) Accused has the intention to kill OR to cause GBH
4. ) Under the Queen’s peace

Question 2

Voluntary manslaughter

Answer 2

Via defences to murder:

1. ) Diminished responsibility
2. ) Loss of control
3. ) Killing in pursuance of suicide pact

Question 3

Involuntary manslaughter

Answer 3

1. ) Constructive manslaughter
2. ) Gross Negligence
3. ) Subjective recklessness

Question 4

Defence of Diminished Responsibility

Answer 4

s2 Homicide Act 1957:

1. ) An abnormality of mental functioning caused by a recognised mental conditioning
2. ) which provides an explanation for the defendant’s acts or omissions in being party to the killing
3. ) which substantially impaired his/her mental ability to either:
   a. ) Understand the nature of their conduct or
   b. ) Form a rational judgment or
   c. ) Exercise self- control

Question 5

Defence of Loss of Control

Answer 5

s54 Coroners and Justice Act 2009:

1. ) The D must show his/her acts or omissions resulted from a loss of self-control and
2. ) The loss of self-control must result from a qualifying trigger and
3. ) A person with the defendant’s age and sex with normal powers of tolerance and self-control and placed in the D’s circumstances would have responded to the trigger in the same or similar way

Question 6

Qualifying triggers under s54:

Answer 6

1. ) Fear of serious violence
2. ) Something said or done which constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged
3. ) A combination of the above two

Question 7

Can sexual infidelity qualify?

Answer 7

Sexual infidelity is not something said or done that can amount to this trigger - s55(6)

Question 8

what is Unlawful Act Manslaughter?

Answer 8

1. ) An act (not an omission) that causes the death of a living human being
2. ) The act is unlawful
3. ) The act intentional or reckless
4. ) The reasonable person would consider the act as liable to cause some physical injury

Question 9

For UAM can an omission suffice?

Answer 9

NO - per Lowe

Question 10

R v Adomako

Answer 10

Facts: -D failed to notice a tube supplying oxygen was no longer supplying to V and as a result, they died

Judgment: Guilty of GNM

L.P: -Clarifies the test for GNM

1. ) The offender had a duty of care over the victim
2. ) The offender breached this duty through act or omission
3. ) The breach caused the death of the victim
4. ) The breach of the duty was gross in nature, in the opinion of the jury

Question 11

R v Wacker

Answer 11

Facts: -D was smuggling illegal immigrants into the country in a lorry but accidentally shut the air vents leading to some dying

Judgment: Guilty

L.P: - In civil law, no duty would be found because of a joint criminal enterprise, however one was found under criminal law meaning criminal law has a wider understanding of duty of care

Question 12

Andrews v DPP

Answer 12

What is gross?

“simple lack of care as will constitute civil liability is insufficient”

Question 13

R v Willoughby

Answer 13

Facts: -D burned down his own pub to claim insurance money, V died in the fire
-D claimed no DOC for GNM

Judgment: Appeal dismissed

L.P: -Once judge has decided a DoC is capable of being raised -> up to jury to decide if one exists

Question 14

R v Church

Answer 14

Fatcs: -D knocked a woman unconscious but thought he’d killed so to dispose of the body threw her in the river

Judgment: Guilty UAM

L.P: -Case that shows UAM

Question 15

R v Dietschmann

Answer 15

Was no requirement for abnormality to be sole cause of killing as long as it was one cause

Question 16

R v Hatter

Answer 16

Break up of relationship won’t suffice

Question 17

R v Lamb

Answer 17

• D pointed a gun at his friend and pulled the trigger as a joke
• > requires a criminally unlawful act