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SQE 1 - Criminal Law > Homicide offences > Flashcards

Homicide offences Flashcards

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1
Q

What are the homicide offences?

A
  • murder
  • voluntary manslaughter (loss of control)
    -voluntary manslaughter (diminished responsibility)
  • involuntary manslaughter (unlawful act)
  • involuntary manslaughter (gross negligence)
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2
Q

How is murder defined?

A

The unlawful killing of a human being under the King’s peace with malice aforethought

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3
Q

What are the elements of murder?

A
  1. killing of a person
  2. killing must be unlawful
  3. D must have caused the death
  4. killing at a time of peace
  5. D must have intended to kill or cause GBH
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4
Q

What does killing must be unlawful mean?

A

Requires all elements of the actus reus and mens rea for murder to be fulfilled and that there are no available defences

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5
Q

What does ‘the defendant must have caused death’ mean?

A

Murder is a result crime so the prosecution must prove the defendant was both the factual and legal cause of death

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6
Q

What is the mens rea element for murder?

A

That the defendant need to intend to kill or intent to cause grievous bodily harm

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7
Q

Does the intention for murder have to be direct or oblique?

A

Either. It can be an intention to kill or to cause GBH or as a result that death or GBH was a virtual certainty

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8
Q

What are the partial defences to murder?

A
  1. loss of control
  2. diminished responsibility
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9
Q

If the defendant successfully pleads to one of the partial defences to murder what will they convicted of?

A

Voluntary manslaughter

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10
Q

What are the elements of the defence loss of control?

A
  1. D’s acts or omissions in doing or being a party to the killing resulted from D’s loss of self-control
  2. the loss of self-control had a qualifying trigger
  3. A person of D’s sex and age, with normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D
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11
Q

What is meant by loss of control?

A

To amount to more than irritation or even serious anger, it requires that the defendant has lost their ability to reason clearly

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12
Q

Does the loss of control have to be sudden?

A

No but more difficult if there is a delay between the trigger and the killing

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13
Q

What are the qualifying triggers for the defence of loss of control?

A
  1. fear trigger
  2. anger trigger
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14
Q

How is the fear trigger satisfied for the defence of loss of control?

A

If the defendant loses self-control because they were in fear of serious violence being used against themselves or against another identified person by the victim

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15
Q

Is the fear trigger a subjective or objective test?

A

Subjective

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16
Q

How is the anger trigger satisfied for the defence of loss of control?

A

If the defendant loses their self-control because they had:
- responded to something ‘said or done’
- what was said or done was of an ‘extremely grave character’
- what was said or done had caused the defendant ‘to have a justifiable sense of being seriously wronged

17
Q

Is the anger trigger subjective or objective?

A

Both.
Objective - extremely grave character & justifiable sense
Subjective - of being seriously wronged

18
Q

What are the limits on the triggers for the defence of loss of control?

A
  • if fear or anger is incited by the defendant then the trigger may not be satisfied
  • if the defendant has incited the thing said or done
  • sexual infidelity cannot be the thing said or done
19
Q

What is the final limb of the test for the defence of loss of control?

A

The reasonable person test requires that:
- a person of the defendant’s sex and age
- with a normal degree of tolerance and self-restraint
- and in the circumstances of the defendant
- might have reacted in the same or in a similar way to the defendant

20
Q

Is the reasonable person test objective or subjective?

A

Objective

21
Q

Does the reasonable person test take into consideration the defendant’s particular vulnerabilities?

A

No

22
Q

What are the elements for the defence of diminished responsibility?

A
  1. D must suffer from an abnormality of mental functioning
  2. The abnormality must arise from a recognised medical condition
  3. The abnormality must cause a substantial impairment
  4. The abnormality provides an explanation for the killing
23
Q

What amounts to a recognised medical condition in relation to the defence of diminished responsibility?

A

The defendant will need to prove with psychiatric evidence they have/had:
- mental condition such as schizophrenia or depression
- physical condition such as sleep walking or diabetes

24
Q

What do we mean by ‘substantial impairment’ in relation to diminished responsibility?

A

The abnormality must impair D’s ability to:
1. understand the nature of their own conduct
2. form a rational judgment
- exercise self-control

25
Q

What are the relevant offences if the defendant does not intend to kill or cause GBH but has brought about the death of another?

A

The relevant offences are:
- unlawful act manslaughter
- gross negligence manslaughter

26
Q

What are the elements to unlawful act manslaughter?

A
  1. D must intentionally do an act
  2. the act done is unlawful
  3. the act is objectively dangerous
  4. the act has, in fact and law, caused death
27
Q

What is meant by the act done is unlawful for unlawful act manslaughter?

A

The act must be a criminal offence - a civil wrong cannot amount to an unlawful act nor will an offence that is satisfied by proof of negligence or a strict liability offence - and the offence must be proven in full

28
Q

Does the defendant have to appreciate that the act was dangerous?

A

No, it is an objective test, if a reasonable person sees an obvious risk of harm the test will be satisfied

29
Q

What are the important points that flow from the objectively dangerous test for unlawful act manslaughter?

A

The reasonable person must see an inevitable risk of some harm:
- inevitable is narrow - risk is almost certain
- some harm - no requirement to foresee death or serious harm
- no requirement for the reasonable person foresees the particular form of harm
- the harm risked must be harm to the victim

30
Q

When is gross negligence manslaughter the appropriate offence?

A

Where:
- there is no unlawful act
- the death arises from an omission to act

31
Q

What are the elements of gross negligence manslaughter?

A
  1. D owes a duty of care to the victim
  2. D breaches that duty
  3. the breach involves a serious and obvious risk of death that was reasonably foreseeable
  4. the breach of duty causes death
  5. D’s conduct can be characterised as grossly negligent
32
Q

When does a defendant owe a duty of care to the victim for gross negligence manslaughter?

A

Whether a duty exists will largely depend on the relationship between the parties - it also depends on whether the death has resulted from a positive act or from a failure to act

33
Q

When is there a duty owed if the death has resulted from a positive act for gross negligence manslaughter?

A

The court will look at the ordinary principles of negligence - the defendant will owe a duty to those who may suffer harm as a result of their actions. Criminal law is not constrained by any other tort principles that restrict where a duty is found - one can be found in a criminal enterprise

34
Q

When is there a duty owed if the death has resulted from a failure to act for gross negligence manslaughter?

A

It is necessary to first establish there is a duty to act. If there is, then is there a duty of care? This is a question for the judge as a matter of law.

35
Q

Is the test to whether the defendant has breached their duty of care subjective or objective for gross negligence manslaughter?

A

Objective - the jury assess whether the defendant’s conduct has fallen short of what would be expected of a reasonable person in the circumstances - any special skills given to the reasonable person

36
Q

What must the breach of duty be for gross negligence manslaughter?

A
  • such that a reasonable person would foresee it would give rise to a serious and obvious risk of death
  • so bad that it is capable of being characterised by the jury as ‘gross’ - truly exceptionally bad

SQE 1 - Criminal Law (5 decks)

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