Homocide Flashcards
Types of involuntary manslaughter
- gross negligence manslaughter
- constructive/unlawful manslaughter
Define murder
The unlawful killing of a human being under the queens peace with malice aforethought
Includes the intention to kill or to cause GBH
Intention can be direct or oblique.
Actus reus of murder
Unlawful killing of a human being under the queens peace
Mens rea of murder
Intention to kill
Describe unlawful act manslaughter
Common law offence
Actus reus - unlawful act which is objectively dangerous
The unlawful act must cause the death of the victim
Mens Rea- the mens Rea of the unlawful act
Define ‘abnormality of mental functioning’
Arises from a medical condition
Substantially impairs D’s ability to understand conduct
Provide an explanation why D carried out acts
Describe ‘loss of control’
S54 Coroners and Justice Act
Partial defence to murder
3 part test:
- D acts/omissions resulted from loss of control
- qualifying trigger
- reasonable person of D’s sex, age with a normal degree of tolerance and self-restraint might have acted in the same way
Qualifying trigger
S55 CorJA
Fear of serious violence
Anger/words/actions of extremely grave character caused a justifiable sense of being wronged
Jersey v Holley
Define gross negligence
Can be an act or omission Does not have to foresee death or GBH Adomako 4 elements needed to establish: - Duty of care - breach of that duty that caused death - risk of death - beach was grossly negligent I
Describe the qualifying trigger of things done or said
Circumstances of an extremely grave character
D yo have a justifiable sense of being wronged (s55(4) CorJA)
Must be justified in the eyes of the jury
Describe the qualifying trigger of fear of serious violence
Must be serious
From the D or another identified person (s55(3) CorJA)
Must be justified in the eye of the jury
Breaking the chain - poor medical treatment
- Does not normally break the chain of causation
Threshold is higher than other intervening acts - Would have to be so independent of the D’s acts and in itself so patent in causing death (Cheshire)
- Wrong medication would normally break the chain, only in exceptional circumstances (Jordan)
Describe diminished responsibility
-s2 Homocide Act amended by s52 CorJA
- Partial defence
- reduce charge of murder to voluntary manslaughter
- D must prove that:
! The D was suffering from an abnormality of mental functioning
! Arose from a recognised medical condition
! Provided an explanation for acts/omissions
! Substantially impaired his/her ability to either understand the nature of their conduct or form a rational judgment or exercise self control
Byrne
Partial defences for murder
- Loss of control
- Diminished responsibility
