Homicide offences

Question 1

Murder

Answer 1

Unlawful killing of a human being under the King’s Peace with malice aforethought

Question 2

What sentence is a defendant given if found guilty of MURDER

Answer 2

Mandatory life sentence

Question 3

What are the special defences for murder ?

Answer 3

1. Loss of control
2. Diminished responsibility

Question 4

What is involuntary manslaughter

Answer 4

Defendant had Killed the victim. ( AR )

But lacks the mens Rea of murder

Question 5

What is Voluntary manslaughter ?

Answer 5

Defendant has satisfied the actus reus and mens Rea of murder. But the conviction is reduced by defence ( diminished responsibility / loss of control )

Question 6

Voluntary Manslaughter ; what are the 2 partial defences.

Answer 6

1. Loss of control
2. Diminished Responsibility

Question 7

How is loss of control defined ?

Answer 7

S.54 coroners +justice act. Has three elements ;

1. Defendants acts / omissions in doing or being party to the killing resulted from the Defendant’s LOSS of CONTROL.
2. Qualifying trigger
3. A person of the defendant’s sex + age. With a NORMAL degree of tolerance and self restraint. In the same circumstances. Might have reacted in a similar way.

Question 8

What is meant by loss of control?

Answer 8

Lost ability to reason clearly.

Question 9

Is a sudden loss of control required ?

Answer 9

No - allowing for times when the defendant’s reaction has built up over time. ( history of domestic abuse ).

Question 10

What is the requirement of loss of control

Answer 10

Loss of control need not be sudden but must be actual.

Question 11

What are the two qualfying triggers ?

Answer 11

1. Fear trigger
2. Anger trigger