murder and causation

Question 1

what is the AR for murder?

Answer 1

unlawfully causing the death of a human being

Question 2

when is the MR for murder?

Answer 2

intention to kill or cause GBH

Question 3

what is the AR for voluntary manslaughter?

Answer 3

unlawfully causing a death of a human being

Question 4

what is the MR for voluntary manslaughter?

Answer 4

intention to kill or cause GBH

Question 5

what does voluntary manslaughter require?

Answer 5

partial defence, such as loss of control diminishes responsibility, suicide pact, infanticide

Question 6

what is the AR for involuntary manslaughter?

Answer 6

unlawfully causing the death of a human

Question 7

what is the No MR for murder?

Answer 7

no intention to kill or cause GBH

Question 8

what are the 2 elements of murder?

Answer 8

actus reus and mens rea
actus reus- unlawfully causing the death of a human under the kings peace
mens rea- malice aforethought- intention to kill or to cause GBH

Question 9

when is killing justified in law?

Answer 9

self defence

Question 10

what is the exception of in the kings peace?

Answer 10

exception of killing an enemy during war

Question 11

what was the year and a day rule? (now abolished)

Answer 11

old requirement that death must occur within a year and a day of the act/omission causing death

Question 12

what are the 3 tests of causation?

Answer 12

causation in fact
causation in law
novus actus interveniens

Question 13

what Is causation in fact?

Answer 13

is the actual evidence, or facts of the case, that prove a party is at fault for causing the other person’s harm, damages, or losses

Question 14

what is causation in law?

Answer 14

a factual connection between an act and a consequence that in some way follows from that act.

Question 15

what does novas actus intervenes mean?

Answer 15

intervening event which breaks the chain of causation and means that the defendant is no longer the substantial and operating cause, so cannot be the legal causation of that crime.

Question 16

what happens if there is NAI?

Answer 16

d did not cause the death- d is now liable

Question 17

what happens if there is no NAI?

Answer 17

D caused the death- d is liable

Question 18

what is the ‘thin skull’ rule?

Answer 18

applies in cases where V has a pre-existing condition which renders him susceptible to injury

Question 19

what did blaue say?

Answer 19

“take ur victim as you find them”
- means ‘the whole man, not just the physical man’

Question 20

what are escape cases?

Answer 20

where chain of causation may be broken by an unforeseeable, voluntary escape

Question 21

what is a voluntary act?

Answer 21

free, deliberate and informed (hart and Honore)

Question 22

what happens if V’s escape is “Daft”

Answer 22

chain of causation is broken

Question 23

what does Roberts 1971 say about escape cases?

Answer 23

Was it something that could reasonably have been foreseen as the consequence of what D was saying or doing?

Question 24

what should Vs actions be in escape cases?

Answer 24

proportionate to the threat

Question 25

what did William and Davies 1992 question in escape cases?

Answer 25

Was V’s conduct within the range of responses which might be expected in the circumstances (heat of the moment)?

Question 26

what should be considered of V in escape cases?

Answer 26

subjective characteristics

Question 27

what are other NAI’s?

Answer 27

• acts of third party (pagett 1983)
  -self neglect/suicide of V (holland 1841)
  -drug cases (Kennedy 2007)
  -acts of god- natural events

Question 28

what does smith 1959 say about negligent medical treatment?

Answer 28

if at the time of death the original wound is still an operating cause and a substantial cause, then the death can properly be said to be the result of the wound…. Only if …the original wound is merely the setting in which another cause operates can it be said that the death does not result from the wound. Putting it another way, only if the second cause is so overwhelming as to make the original wound merely part of the history can it be said that the death does not flow from the wound…”

Question 29

what does Cheshire 1992 say about negligent medical treatment?

Answer 29

The chain of causation will only be broken if the negligent treatment was “so independent of D’s acts” and “so potent in causing death” that the contribution made by his acts was insignificant.

Question 30

what are courts reluctant to find?

Answer 30

medical negligence breaking the chain of causation
reluctant to allow this to absolve original attacker of criminal liability

Question 31

what does Jordan 1956 say about chain of causation?

Answer 31

it can be broken where treatment is ‘palpably wrong’
but this is an extreme authority and has never been overrules but is limited to its own facts

Question 32

what does malice aforethought mean?

Answer 32

the intention to kill or harm, which distinguishes murder from unlawful killing.

Question 33

what does GBH mean?

Answer 33

means ‘really serious harm’ - DPP v Smith [1961] AC 290

Question 34

what is the sentencing for murder?

Answer 34

mandatory life imprisonment
but life does not mean life
there is a tariff imposed
HL Select Committee (1989) - recommended abolishing the mandatory life sentence, preferring to grant the judge wider discretion in sentencing

Question 35

what are the proposals for reform?

Answer 35

Law Commission proposed new three tier framework of homicide offences
aim- order fairness and clarity
First degree murder
Second degree murder
Manslaughter

Question 36

what is first degree murder?

Answer 36

-d intentionally kills
-d kills with intention to do serious injury, couples with awareness of a serious risk of causing death

Question 37

what is second degree murder?

Answer 37

-d kills and intends to do serious injury
-d kills with intention to cause some injury or a fear of injury, and was aware of a serious risk or causing death
-d kills and there is a partial defence to what would be otherwise first degree murder

Question 38

what is manslaughter?

Answer 38

-d kills through gross negligence as to a risk of causing death
-d kills through a criminal act (a) intended to cause injury (b) where there was an awareness that the act involved a serious risk of causing injury
-d participates in a joint criminal venture in the course of which another participant commits murder, in circumstances where it should have been obvious that murder might be committed