Homicide Flashcards
What is the offence of murder?
Any person who…
- unlawfully
- kills
- another human
- with malice aforethought
- a human being includes a baby born alive (fully expelled from the womb - not necessary for the umbilical cord to be cut). If someone tried to kill the mother but resulted in killing the baby after it was expelled from the womb it would NOT count as murder (maybe manslaughter). If the intent was to kill the child it would be murder.
- a BRITISH citizen who kills anywhere in the world can be tried in England or Wales
- the only intent for a charge of attempted murder is to kill
What is malice aforethought?
It means the metal state for murder is…
- to kill
- to cause GBH
When do you need the attorney generals consent to prosecute a murder?-
- when the injury which is alleged to have caused the death was MORE THAN 3 YEARS before the death occurred
- the suspect has already been CONVICTED with an offence in this matter
What is the defence of diminished responsibility?
This cannot be used in regards to attempted murder
Any person involved in the death of another who…
- has a recognised mental condition
- which impacted his availability to understand their conduct, form rational judgement or exercise self-control
- their condition explains their acts and involvement in the death
Examples of abnormality include…
- post-natal depression
- batters wives syndrome
- pre-me steal symptoms
There is no requirement to show they were the ONLY cause of their actions, just that they were a significant contributor
What is the defence of loss of control?
Any person involved in the death of another who…
- acts and omissions were a result of a loss of control
- these actions, if put against someone of the same age, sex and with a normal degree of tolerance and subject to the same circumstances, would react in the same way
- there is no need for the loss to be sudden and could come from a build up over time
- revenge can never be a valid motivator for the loss of self control
- voluntary intoxication is not to be included in the circumstances of any considerations about if they would react the same way
- batters wives syndrome is sufficient here as a reason for a build up to the loss of control but just being generally shot tempered will not
What is a qualifying trigger for a loss of control?
Fear of serious violence to an identified person: this must be to a particular person and that the defendant lost control out of a genuine fear of harm to them. It cannot be from a general fear of harm to people in general
Things done or said that constituted extremely grave character and caused the defendant to have a justifiable sense of being seriously wronged: as to if the circumstances are such to cause such a feeling of being wronged is an objective questions for a jury
A combination of the above
- anything invited by the defendant will not count
- anything involving sexual infidelity will not count
What is the defence of suicide pact?
Where more than one person enters into an agreement together to kill the other or be killed by a third party
- the persons entering into the pact must, AT THE TIME IF THE KILLING, be resigned to their own death as part of the pact.
- Entering into the pact just to kill the others will not count.
- changing your mind before the killing but going through it for the others will not count
- surviving the attempt or being stopped before you die will allow the defence
What is the offence of involuntary manslaughter?
This occurs when someone kills another but lacks the necessary mental intent
This comes in 2 forms…
- unlawful act
- gross negligence
What is manslaughter by unlawful act?
Any person who causes the death of another by…
- unlawful act
- that act is likely to result in some bodily harm
- they have the mental state to commit that act
The act MUST be unlawful in nature and result in a criminal offence in its own right
- dangerous driving is NOT applicable here because it is inherently a lawful act and just because it is done in a way that results in a crime does not make the act an unlawful act.
- using a vehicle as a weapon could result in a driver being charged with manslaughter
- targeting property can be sufficient if someone’s does as a result of criminal damage or arson
- omissions are not covered here as there needs to be an act
- for an act to pose a risk of “some harm” it must be physical harm, not psychological, such as dropping a brick into the path of a train, setting fire to a house or using a human shield against armed police
- intoxication is not a defence to this as it is a crime of basic intent
What is the offence of manslaughter by gross negligence?
Where a persons death results from a breach of a duty of care and the circumstances are so reprehensible that they amount to gross negligence
- this cannot be brought against a company or organisation
What is the offence of allowing a child or vulnerable adult to die or suffer serious harm?
Where a child (UNDER 16) or vulnerable adult (16 IR IVER) does if suffered serious physical harm (GBH)…
- due to an unlawful act
- there was a significant risk of serious harm from that act
- the defendant is a member of the same household who has frequent contact with the victim
- the defendant was the person doing the unlawful act that caused the Heath or harm
- OR
- was or should have been aware of the risk to harm
- failed to take steps to protect the child or vulnerable adult
- the act occurred in circumstances they foresaw or ought to have foreseen
- act includes omission
- a person of the same household can be someone who frequents the address so much they can be considered a member even if they don’t live there
- unless they are the mother of father, a person UNDER 16 cannot commit this offence
What is encouraging or assisting suicide?
Any person who…
- does an act capable of encouraging or assisting
- suicide
- attempted suicide
- if another
- intending the suicide or attempted suicide be carried out
- it does not matter if any suicide is carried out or attempted
- the defendant encouraging does not even need to know the person victim; a person putting up a website encouraging suicide by its readers will count
- arranging for another person to encourage a third persons suicide will still make the first person liable for an offence
- it does not matter if the circumstances were such that it was impossible for suicide to take place, it still counts as long as it was their intent (eg pills being supplied as lethal actually are not and could never hurt someone or something being sent through the post to assist a suicide gets lost on the way)
What is the offence of soliciting murder?
Anyone who solicits, encourages or persuades another to murder any other
- this includes recording messages promoting listers to kill or putting up websites with peoples details and encouraging readers to kill them
- victims can be outside the UK
- people being solicited do not need to be UK nationals as long as the solicitation comes from inside the UK
- the person being solicited must receive the request for the solicitation and until it is received the offence is incomplete
- sending a request for solicitation can count as an attempt until it is received
- no murder needs to take place
