Homicide Offences

Question 1

Different homicide offences

Answer 1

Murder (inc. voluntary manslaughter if partial defences apply)
Involuntary manslaughter
Corporate Manslaughter and Homicide Act 2007

Question 2

Murder (common law offence)

Answer 2

AR:
D must cause:
- unlawful killing (R v Coke)
- of a human being (not unborn children (Poulton))
- under the Queen's peace (R v Coke)

MR:
Murder with malice aforethought (Homicide Act 1957)
- intention to kill; or
- intention to cause GBH;
- NOT recklessness (R v Moloney)
- Irrelevant if D kills with benevolent intentions (ie mercy killings)

Question 3

Death occurs when there has been irreversible death of the brain stem

Answer 3

R v Malcherek and Steel

Question 4

What is causation?

Answer 4

Ds act/omission must accelerate death and be a substantial/significant cause of death

Question 5

If partial defences to murder apply…

Answer 5

…offence will be reduced to voluntary manslaughter

Question 6

Factual causation

Answer 6

Up to jury to determine

• ‘but for Ds actions, victim would not have died as and when he did’ (R v White)
• Acceleration must be significant (more than minimal (R v Cheshire))

Question 7

Legal causation

Answer 7

No legal causation if:

• event intervenes between Ds conduct and end result, unless event was foreseen/foreseeable
• act by another person intervenes between Ds conduct and end result unless injuries inflicted by D still ‘operating and substantial’ cause

Question 8

Ds acts need not be sole cause of victims death (for legal causation)

• it need only contribute significantly
• Can be multiple defendants

Answer 8

R v Pagett

Question 9

Take victim as you find them

Answer 9

R v Blaue

Question 10

Medical negligence will only break legal causation if ‘so independent of the Ds acts, and in itself so potent in causing death, that Ds acts were insignificant contribution to death’

Answer 10

R v Cheshire

Question 11

Possible defence of intoxication for murder

Answer 11

Must distinguish between involuntary and voluntary intoxication

Question 12

Involuntary intoxication

Answer 12

D had no knowledge of consumption of alcohol/drug
- including administered drug which produces adverse effects (R v Hardie)

If MR absent, may succeed as defence for murder, voluntary manslaughter or constructive manslaughter

Question 13

Voluntary intoxication

Answer 13

Anything not involuntary, including if D knew they were drinking but underestimated effect (R v Allen)

If MR is absent, will only succeed for crimes of specific intent ie. murder and voluntary manslaughter

Question 14

For involuntary intoxication, even if MR is present, D may get a reduced sentence with this defence

Answer 14

R v Kingston

Question 15

Voluntary Manslaughter

Answer 15

Offence of murder can be reduced to VM if partial defence of diminished responsibility OR loss of control are present

Burden of proof on D on balance of probabilities

Question 16

Diminished Responsibility

s. 2 Homicide Act

Answer 16

D suffered from:

• abnormality of mental functioning
• which arises from a recognised condition
• substantially impaired Ds ability to understand nature of conduct, make rational judgement or exhibit self-control

Question 17

Loss of Control

ss. 54 & 55 of the Coroners and Justice Act 2009

Answer 17

3 elements to consider:

• Ds acts and omissions in doing or being party to killing resulted from Ds loss of self-control
• loss of control had QUALIFYING TRIGGER
• would a person of Ds sex and age with a normal degree of tolerance and self-restraint, and in the circumstances, act the same as D

Question 18

Recognised medical conditions (for Diminished Responsibility) include:

Answer 18

• World Health Organisations International Clarification of Diseases
• Diseases not included in WHO list if they are generally recognised but not yet included
• includes alcohol dependence syndrome

Question 19

Qualifying triggers (for loss of control)

Answer 19

• D fears violence from victim against D or another identified person (s. 55(3) Coroners and Justice Act 2009)
• things done or said that:
  constituted circumstances of an extremely grave character
  caused D to have justifiable sense of being seriously wronged
  combination of both above

Question 20

Judge will allow defence to be raised only if there is enough evidence
- if jury could reasonably conclude that defence might apply

Answer 20

s. 54(6) Coroners and Justice Act 2009

Question 21

Sexual infidelity will not amount to qualifying trigger (for loss of control) unless part of context of other possible relevant triggers, in which case it will be considered

Answer 21

R v Clinton, Parker and Evans

Question 22

Involuntary Manslaughter

Answer 22

Consists of:
Constructive Manslaughter
Gross Negligence
Road Traffic Act 1988

Question 23

Constructive Manslaughter
(intention/recklessness, not negligence)

Answer 23

AR:
Do an unlawful act
the unlawful act is dangerous
the unlawful act causes the victims death

MR:
MR of unlawful act

Question 24

Authority for ‘do an unlawful act’ AR of Constructive Manslaughter

Answer 24

• crime requires proof of intention/recklessness (R v Lamb)
• can be any unlawful act
• can’t be omission (R v Lowe)

Question 25

Authority for ‘unlawful act is dangerous’ AR of Constructive Manslaughter

Answer 25

• must carry risk of SOME harm (objective test)

- would sober and reasonable person who watched act being carried out think it would be dangerous? (R v Ball)

Question 26

Gross Negligence Manslaughter

Answer 26

AR:
5 elements (R v Adomaku):
- Duty of care owed by D to victim
- Breach of duty
- Risk that Ds conduct COULD cause death (objective test)
- Evidence that breach DID cause death
- Jury’s conclusion that D fell so far below standards of reasonable person in that situation

NO MR

Question 27

For gross negligence manslaughter, whether duty of care exists is a matter for the jury

Answer 27

R v Willoughby

Question 28

For gross negligence manslaughter, ‘would a reasonable man be able to foresee risk of death?’
- Risk of injury or serious injury will not be enough

Answer 28

R v Singh

Question 29

Road Traffic Act 1988

Answer 29

• Causing death by dangerous driving

- Causing death by careless driving

Question 30

Causing death by dangerous driving (s. 1 RTA 1988)

10 yrs

Answer 30

Causes death of another whilst driving a mechanically propelled vehicle dangerously on a road or other public place

Question 31

For causing death by dangerous driving, no need to establish risk of death, only ‘dangerous’

Answer 31

Dangerous =

• way he drives falls far below a competent and careful driver; and
• would be obvious for competent and careful driver that it would be dangerous

Question 32

Causing death by careless driving (s. 2b RTA 1988)

5 yrs

Answer 32

Driving a motor vehicle on a road or other public place;

without due care and attention or without reasonable consideration for other road users

Question 33

Key cases for homicide offences

Answer 33

R v Malcherek & Steel (death occurs when brain stem irreversibly dead)
R v Pagett (Ds act need not be sole cause of victims death)
R v Cheshire (medical negligence)
R v Clinton, Parker and Evans (sexual infidelity)
R v Singh (test for gross negligence manslaughter)