Homicide

Question 1

What is the definition of homicide?

Answer 1

The killing of another self-existent human being

Question 2

What makes a homicide criminal?

Answer 2

The requisite state of mind and no legal justification or excuse

Question 3

What is the acts reus of homicide?

Answer 3

Death as result of an act or omission

Question 4

What case shows death as act of a result?

Answer 4

Tees v HMA
Victim assaulted and legt in coma
Accused pled guilty to aggravated assault but 3 months later the victim died and a new charge of culpable homicide was against the accused

Question 5

What case shows death as a result of an omission?

Answer 5

R v Gibbins and Proctor

Parents murdered child by starvation and death caused by commission as they were under a legal duty to act

Question 6

To determine the acts reus of homicide what must we determine?

Answer 6

a) when does life begin
and
b) when does death occur

Question 7

Can you commit murder or be guilty of culpable homicide on an unborn child?

Answer 7

NO

A person must be fully born before they can be the subject of homicide

Question 8

What happened in the case McCluskey v HMA and what did this case show?

Answer 8

Accused charged with causing death from reckless driving and child was born by emergency Caesarean section after road accident but died soon after.
Case shows that where a child is born alive and subsequently dies as a result of injury caused in the womb there may be criminal homicide

Question 9

What is the definition of murder?

Answer 9

Murder is constituted by any wilful act causing destruction off ice whether intended to kill or displaying such wicked recklessness as to imply a disposition depraved enough to be regardless of consequences

Question 10

What is the acts reus for murder?

Answer 10

Accused must have caused the victims death by either an act or an omission

Question 11

What is the mens Rea for murder?

Answer 11

Wicked intention to kill
OR
Wicked recklessness

Question 12

What is the case authority for the mens Rea of murder?

Answer 12

Drury v HMA

Showed that Macdonalds definition was incomplete and that murder requires a WICKED INTENTION to kill

Question 13

What does wicked intention mean?

Answer 13

Wicked means a lack of justification or excuse

Wicked intention can be implied in the absence of evidence justifying or mitigating accused’s actions

Question 14

What does wicked recklessness mean?

Answer 14

Such recklessness as to show that the accused was regardless of the consequences of his act

Question 15

What is the case authority for the wicked recklessness of murder?

Answer 15

Cawthorne v HMA
It is unnecessary to prove that accused intended to kill
Mens Rea being proved by his reckless disregard of consequences

Question 16

What is an intention to harm?

Answer 16

Accuse meant to cause bodily harm
Harm may result in death
Harm inflicted shows indifference to whether victim lived or died

Question 17

What occurred in HMA v Hartley and what did this case show?

Answer 17

Accused repeatedly punched, kicked and hit the victim

Case showed a disposition depraved enough to be regardless of the consequences

Question 18

Is the presence of lethal weapons enough to satisfy mens Rea for murder?

Answer 18

Presence of lethal weapons is evidence of wicked recklessness but there is an objective test to determine if it satisfies mens Rea for murder

Question 19

Is consent a defence to murder?

Answer 19

NO
HMA v Rutherford
Case of assisted suicide, mens Rea of intention to murder was not satisfied, guilty of culpable homicide