Homicide Flashcards
Pete and Jim are in a car and decide to pick up a hitchhiker. The hitchhiker seems nice at first but then decides to rob Pete and Jim. He tells them he is going to rob them and as such Pete opens the door while the car is travelling at 30 mph and jumps out to escape. Pete dies as a result.
Is the hitchhiker responsible for the death of Pete?
No, in these circumstances the hitchhiker is not guilty
Where the reaction of the victim is extreme or unreasonable, causation is broken.
Jasper has started a new religious cult. He has several members and plays them audio recordings of his preaching. At the end of the audio recordings he repeats the line ‘Eternal paradise for those who kill the disbelievers from the land of Oman’. Jasper means for his followers to travel from Britain to Oman and kill Omani people.
Considering the offence of Solicitation of Murder, is an offence made out?
The offence is made out as he is encouraging his followers to murder Omani People
Corporate Manslaughter (Homicide Act 2007, s.1) applies to a number to parties.
Which of the following does it not apply to?
(a) Individual Directors or Senior Position Holders.
(b) Police Forces
(c) Limited Liability Partnerships
(d) Organisations with British Royal Charter
(a) Individual Directors or Senior Position Holders.
Corporate Manslaughter deals with liability of the corporation itself therefore does not apply to individuals. Individuals such as directors can, however, be dealt with for gross negligence manslaughter separately.
Bill was wronged by his wife on two occasions, first she cheated on him and then she emptied his bank account before running off with her fitness trainer, Graham. Bill decides to take revenge for being wronged and kills her at the airport as she was about to check in for her flight to elope with Graham.
Does Bill have a defence to murder here?
The defence does not apply if, in doing or being a party to the killing, the defendant acted in a considered desire for revenge.
It is for the jury to decide with an objective test, whether the defendant was seriously wronged and had a justifiable sense to act in the manner that they did.
Defence does not apply if, in doing or being a party to the killing, the defendant acted in a considered desire for revenge.
Important to note that any sexual infidelity must be fully considered in relation to the defence of diminished responsibility if that defence is also put forward.
Harry is senior carer at a small care home. He has several elderly residents that he looks after, all with varying medical conditions that require regular medication and check ups. Harry wakes up one morning with a hangover and makes the decision that he will stay in bed and go into the care home late. He is aware that the night turn staff leave at 7am and medication is required no later than 10am for the residents. Harry decides to go in an hour late but in fact falls asleep and doesn’t wake until midday. He gets into the care home for 1pm and finds that one of his residents has died.
Which offence is Harry likely guilty of?
Manslaughter by Gross Negligence
The Coroners and Justice Act 2009, s.54 outlined the meaning of ‘loss of self-control’ as a defence to murder.
Considering ‘loss of self-control’, what is a requisite?
The loss of self-control must be shown to be sudden
John suffers from mental health. One evening he breaks into a youth hostel and murders and mutilates and female staying there. John states that he was suffering from impulses that he could not control.
Does John have a defence to murder?
If it can be shown that John suffered from such an abnormality of the mind that a reasonable man would consider it abnormal and it clearly affected their judgement then he may have a defence.
Sandra has been abused at the hands of her partner Alan for many years. This is both physical and mental abuse. One evening Sandra picks up a knife and stabs and kills her husband Alan.
Does Sandra have a defence to murder?
Yes she has does have a defence to murder if she can demonstrate that she was suffering battered wives syndrome
There are three key elements you must prove in ‘Constructive Manslaughter’ also known as ‘Manslaughter by Unlawful Act’.
What are the three key elements?
(1) an unlawful act has occurred
(2) that the unlawful act has a likelihood that it will bodily harm to someone; and
(3) the defendant had the mens rea for the unlawful act carried out.
Sections 54 and 55 of the Coroners and Justice Act 2009 provide a defence to murder.
What is true in relation to this?
Loss of control is a defence to murder, which if proved on the balance of probabilities, will reduce the verdict to manslaughter
Samuel is 9 years old and aggrieved because his older sister Jackie has taken away his games console for bad behaviour. He takes a kitchen knife and whilst his sister is sleeping, cuts her throat killing her almost instantly. He tells the police the reason that he did it and it was a moment of madness.
Will Samuel be tried for murder, if so, where?
Samuel will not be tried for murder
Samuel has committed murder however he is under the age of criminal responsibility therefore he will not be tried for murder.
Jasmine, who has a nervous disposition, is walking along the high street on Halloween, when a student dressed in fancy dress as the grim reaper jumps out from an alley way and scares her. She reacts by swinging her shopping bag of baked bean tins at the students head, because she is in genuine fear of being subjected to violence. The force of the tins causes the student to die.
Does Jasmine have a defence of loss of control to murder?
Yes. The defence includes putting someone in fear of being subject to serious violence. This fear must be shown to be genuine, regardless as to whether it was reasonable, so Jasmine could avail of the defence here
Jerry stabbed a Jehovah’s Witness who because of his religion refused a blood transfusion, which may have saved his life. He subsequently died.
Is Jerry guilty of murder in these circumstances?
Yes, in these circumstances he would be guilty
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.
It is for the jury to decide, by applying an objective test
