Murder Flashcards
Identify the actus reus of murder
The definition comes from Lord Coke which is the “unlawful killing of a reasonable creature of being under the King’s peace with malice aforethought.”
Identify what is causation
Causation is whether the defendant’s actions was the factual (but for test- Pagett)and legal cause (de minimus rule- Cato) of the victim’s death and there was no intervening acts that broke the causal chain.
Identify the mens rea of murder.
Malice aforethought expressed (intention to kill) or implied (intention to cause serious harm)
Explain what transferred malice and the coincidence rule are.
TM: D can be guilty if he intended but for a different victim
Coincidence: The actus reus and mens rea must occur at the same time for the D to be guilty.
Identify six key problems with the law on murder
.Need for reform
.Bit by bit development
.Excessive force in self defence leaves no defence
.Duress is not a defence
.Serious harm rule’s definition is too wide
.Judge lacks discretion when giving mandatory life as a sentence.
What are the reforms proposed by the Law Commission on the law of murder? And what was the Government’s response?
Should be a three tier system, a first degree (intend to kill), a second degree (intention of GBH) and a third degree murder (manslaughter)
Rejected two tier murder, introduced Coroners and Justice Act 2009 which gave the special defence of loss of control
What are the three main points to use the defence of loss of control?
.Loss of self-control
.Qualifying Trigger
.Standard of self control (circumstance is considered)
What must the defendant show to use the defence of diminished responsibility?
Their abnormality must arise from a medical condition that substantially impairs the D’s ability to understand his conduct, form a rational judgment or exercise self control and provides an explanation for their actions.
What act was the defence of diminished responsibility originally in? What was it amended by?
.s.2 Homicide Act 1957
.Coroners and Justice Act 2009
Does intoxication class as an abnormality of mental functioning
No, intoxication is not an abnormality of mental functioning
What are the key points of gross negligence manslaughter?
.D owes the victim a duty of care
.D breached that duty which causes death
.D was grossly negligent which jury considers justification of conviction
.Gross negligence was the substantial cause of death
Name five duty situations
.Voluntary .Relationship .Chain of events .Contract .Member of public office
Is mens rea required for gross negligence?
No, D is either negligent or not.
What are the key points of unlawful act manslaughter/ constructive act manslaughter?
.D must commit a criminal act
.The act must be objectively dangerous
.Act must cause the death
.D must have required mens rea for the crime he carried out
