Homicide

Question 1

What does homicide cover?

Answer 1

Offences of murder, manslaughter and other occasions where a person causes, or is involved in, the death of another.

Question 2

What is the offence of murder?

Answer 2

Common-Law

Committed when a person unlawfully kills another human being under the Queen’s Peace, with MALICE aforethought.

Penalty:

• Over 18 = Life Imprisonment
• 18-21 = Custody for Life
• Under 18 = Detention at Her Majesty’s Pleasure

Question 3

If someone intended to kill or cause injury to a pregnant mother, can that intention support a charge of murder in respect of the baby if it goes on to die after being born alive?

Answer 3

No- but it may support a charge of manslaughter.

Question 4

Murder is committed when a person unlawfully kills another human being under the Queen’s Peace, with malice aforethought.

What is excluded concerning “Under the Queen’s Peace”?

Answer 4

Deaths caused during the legitimate prosecution of warfare (War Crimes Act 1991).

Question 5

If a British citizen commits a murder anywhere in the world, can they still be tried in England or Wales?

Answer 5

Yes

Question 6

What is the mens rea for murder as an intention?

Answer 6

To kill, or

To cause grievous bodily harm.

Question 7

In which situations is consent required before proceedings can be instituted for a ‘fatal offence’?

Answer 7

s2 Law Reform Act 1996

(a) The injury alleged to have caused the death was sustained more than 3 years before death occurred, or
(b) The person has previously been convicted of an offence committed in circumstances alleged to be connected to the death.

Question 8

What is the offence of involuntary manslaughter?

Answer 8

Common Law

Unlawful killing of another human being.

Occurs where the defendant causes the death of another but is not shown to have had the required mens rea for murder (intention to kill or GBH) nor involve the special defences as per voluntary manslaughter.

Divided into:

1. Kill another by an unlawful act which was likely to cause bodily harm, or
2. Kills another by gross negligence.

Penalty:
- Indictment – Life imprisonment

Question 9

Involuntary manslaughter

What is gross negligence?

Answer 9

Gross negligence is a matter of fact for the jury and means the “lack of slight diligence or care” or “a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party.

Civil liability is not enough (being responsible for actions and practices that could damage others, but which aren’t criminal).

For example, a duty of care in a care home.

Question 10

Involuntary manslaughter

What three elements to the offence of manslaughter by an unlawful act must you prove?

Answer 10

1. An unlawful act (constitutes a criminal offence in its own right, e.g arson)
2. That the unlawful act is likely to cause bodily harm (emotional/ psychological not enough).
3. The defendant had the mens rea for the unlawful act which led to the death (cannot rely on voluntary intoxication, e.g drug-induced hallucination).

Question 11

Causing or Allowing a Child or Vulnerable Adult to Die or Suffer Serious Harm

Answer 11

s5 Domestic Violence, Crime and Victims Act 2004

(1) A person (“D”) is guilty of an offence if—
(a) a child (under 16) or vulnerable adult (“V”) dies or suffers serious physical harm as a result of the unlawful act of a person who—

(i) was a member of the same household as V, and
(ii) had frequent contact with him,

(b) D was such a person at the time of that act,
(c) at that time there was a significant risk of serious physical harm being caused to V by the unlawful act of such a person, and
(d) either D was the person whose act caused the death or serious physical harm or—

(i) D was, or ought to have been, aware of the risk mentioned in paragraph (c),
(ii) D failed to take such steps as he could reasonably have been expected to take to protect V from the risk, and
(iii) the act occurred in circumstances of the kind that D foresaw or ought to have foreseen.

Penalty:
Indictment –
- Where the child/ vulnerable adult dies = 14 years imprisonment and/ or a fine.
- Where the child/ vulnerable adult suffers serious physical harm = 10 years imprisonment and/ or a fine.

Question 12

Murder

What is ‘unlawful killing’?

Answer 12

Can be an act or omission to act.

Excludes killing where there may be justifiable reasons e.g self-defence.

Soldiers and Police may be excluded.

Question 13

Murder

What is ‘another human being’?

Answer 13

Decided cases tell us that a person ceases to be a human being when their brain stem ceases to be active, regardless of being artificially kept alive.

‘Another human being’ includes a baby born alive with an existence independent of the mother (when fully expelled from the womb, and the umbilical cord does not need to be cut).

Question 14

Murder

What is ‘malice afterthought’?

Answer 14

Specific intent offence to kill or cause GBH.

Needn’t be any premeditation on planning necessarily.

Question 15

Murder

What is required before proceeding for a ‘fatal offence’?

Answer 15

Attorney General consent.

IF injury sustained thought to have caused it, is more than 3 years before death occurs OR the person has been convicted of, for example, a GBH for the same injury.

Question 16

If a person injures a baby in the womb, intending to kill the mother and the baby is born and then goes on to die from injuries =

If a person injures a baby in the womb, intending to GBH mother and baby dies =

Answer 16

Murder

Manslaughter

Question 17

What is voluntary manslaughter?

What special defences allow for conviction of voluntary manslaughter instead of murder (not attempted murder)?

Answer 17

The accused has the MENS REA for murder, the elements of murder therefore exist (intent to kill/ GBH).

1. Diminished responsibility
2. Loss of control
3. Suicide pact

Can still be sentenced to life imprisonment.

Question 18

Special defences allow for conviction of voluntary manslaughter instead of murder

Diminished responsibility

Answer 18

s2 Homicide Act 1957

(a) Significant mental abnormality from a medical condition.

(b) Substantial impairment to;
- Understand the nature of the conduct.
- Form a rational judgment
- To exercise self-control

…and therefore provides an explanation for the act

Question 19

Special defences allow for conviction of voluntary manslaughter instead of murder

Examples of Potential Diminished responsibility

Answer 19

s2 Homicide Act 1957

• Abnormality of mind
• Post-natal/ pre-menstrual symptoms,
• Grief reaction
• Battered wife syndrome

Question 20

Special defences allow for conviction of voluntary manslaughter instead of murder

Loss of control

Answer 20

s54 Coroners and Justice Act 2009

The loss of control must be attributable to (but not incited or instigated by)…

1. Fear of Serious Violence (not in the future)
2. Things done or said of grave character justifying a sense of being seriously wronged.

Would a similar person of age, sex, degree of tolerant and self-restraint have reacted in the same or in a similar way?

Question 21

Special defences allow for conviction of voluntary manslaughter instead of murder

Suicide Pact

Answer 21

s4 Homicide Act 1957

Common agreement between two or more persons with a settled intention of all to die.

Burden of proof lies with the accused. He/ she must show that:

• A suicide pact had been made, and
• He/she had intention of dying at the time the killing took place.

Question 22

Special defences allow for conviction of voluntary manslaughter instead of murder

Suicide Pact Case Study

Answer 22

R v Sweeney (1986) is an example that may come up; husband and wife, take an overdose and intend to burn together in the car and die. Both try to escape at the last minute, he lives, she dies. He pleaded guilty and was convicted of manslaughter.

Question 23

What notable act does not apply when considering an unlawful act within involuntary manslaughter?

Answer 23

Drug supply as the chain of causation is broken and the individual exercised free will.

Question 24

What is corporate manslaughter?

Answer 24

s1 Corporate Manslaughter and Corporate Homicide Act 2007

Organisation guilty if the way in which activities are managed and organised causes a person’s death and amounts to a gross breach of the duty of care owed.

Needs Director of Public Prosecution authority for prosecution.

Available in the UK/ UK territorial waters.

Penalty:
- Unlimited fine or remedial action.

Question 25

The offence of Encouraging/ Assisting Suicide

Answer 25

s2 Suicide Act 1961

(1) A person (“D”) commits an offence if—
(a) D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and
(b) D’s act was intended to encourage or assist suicide or an attempt at suicide.

• Offence complete regardless of outcome.
• Defendant need not know the victim.
• Needs Director of Public Prosecution authority for prosecution.

Penalty:
- Indictment – 14 years

Question 26

Solicitation of Murder

Answer 26

s4 Offences Against the Persons Act 1861

Whosoever shall solicit, encourage, persuade, or endeavour to persuade, or shall propose to any person, to murder any other person is guilty.

Proposed victim can be outside the UK.

Offence is complete when someone is in receipt of the solicitation request, eg if the defendant posts it.

Penalty:
- Indictment – Life imprisonment

Question 27

True or False

Death has to occur within a year and a day for murder to be tried.

Answer 27

False – this was abolished with Section 1 of the Law Reform Act 1996.

Question 28

Question: Tim, Nick and Sally make the decision that they wish to end their lives. They get 5 capsules of cyanide and 1 harmless capsule. They mix the capsules up and Tim goes first placing a capsule in Nicks mouth. Nick falls dead at the table. Sally chooses a capsule and places it in Tim’s mouth, he falls dead. Sally takes a capsule and swallows it bit services and realises her tablet was harmless. Sally is terrified and at that point does not want to die. She runs away.

In relation to suicide pacts, if Sally is to use the special defence to murder, what must be shown?

Answer 28

That a suicide pact existed and Sally intended to kill herself next.

Question 29

Question: Margaret is a drug dealer. She bullies one of her runners Dennis into dealing for her. She has previously threatened Dennis with a knife and assaulted him. Dennis is terrified of Margaret. One morning Dennis sees Margaret walking down some steps. Margaret puts her arms up in a threatening manner causing Dennis to run and trip over a wall. He falls ten feet and dies instantly. Margaret had actually not seen Dennis and the waving of her arms was directed to another runner behind him.

Is Margaret guilty of manslaughter by unlawful act?

Answer 29

For an offence of manslaughter by unlawful act, all of the following must be present:

• The accused must have CAUSED the death of another.
• The killing must have OCCURED in the COURSE of the accused unlawful act.
• The unlawful act must have been DANGEROUS ie exposing the deceased to harm.
• The defendant had the required MENS REA for the unlawful act.

Question 30

Regarding loss of control as one of the special defences for involuntary murder, does the loss of control need to be sudden?

Answer 30

s54 Coroners and Justice Act 2009

NO

Question 31

Sections 54 and 55 of the Coroners and Justice Act 2009 provides guidance where the defendant was seriously wronged and had a justifiable sense to act in the manner that they did.

How is this decided?

Answer 31

It is for the jury to decide, by applying an objective test.

Question 32

Can someone acting in a considered desire for revenge rely on a defence of loss of control if they lose control in the process as a result of a qualifying trigger?

Answer 32

No