Murder And Manslaughter Flashcards
What is the distinguishing element in the charge of murder
The offenders awareness or recklessness of the knowledge that their actions are likely to result in the death of the other person.
The jury decides if the defendant has the knowledge at the time by drawing inferences from the circumstances.
Do you need to prove that the secondary party knew that death was a probable consequence when charging under section 168
No, just that the secondary party knew it was probable the principal party do an act that would if death resulted bring their conduct within the terms of section 168.
Name four associated murder charges
Attempt to murder
Counselling or attempting to procure murder
Conspiracy to murder
Accessory after the fact to murder
What are the two distinct types of manslaughter defined by common law
Voluntary
Involuntary
What is the charge if homicide arose out of a suicide pact
Manslaughter
If an offender intends to kill A but strikes the fatal blow to B, are they still guilty of murder?
Yes, the guilt is not affected as per section 167(c)
What to prosecution need to prove for attempt to murder
Mens rea and actus Rea of s72 (having intent to
Commit an offence, dies or omits an act)
Intention to kill
Define voluntary manslaughter
Mitigating circumstances reduce what would otherwise be murder to manslaughter
Define involuntary manslaughter
Covers types of unlawful killing in which death is caused by criminal negligence. When there has been on intention to kill or cause GBH
What issues should you consider when considering whether to charge after the killing during a sudden fight
Self defense
The requisite mens tea for a murder/manslaughter charge
When is culpable homicide murder (4)
- offender intends to cause death
- offender causes bodily injury that is known to be likely to cause death or was reckless
- offender means to cause death or was reckless to cause injury and accidentally or mistakenly kills someone else
- offender does an act with an object and knows likely to cause death and kills someone
Discuss s168 further definition of murder
If death after causing GBH to facilitate an offence, or flight or avoid detection or revisit
If administers any stupefying or overpowering thing for purpose of above circumstances
If wilfully stops breath
Define intent
Must be an intention to commit the act and an intention to get the specific result
Must be done deliberately
Result = S&B ‘aim object or purpose’
What must be shown to prove intent to cause death
Intended to cause death OR
knew that death was likely to ensue OR
was reckless that death would ensue
If not present the offence is manslaughter unless elements exist for infanticide
Discuss recklessness using case law
Cameron v R: recklessness is established if the defendant recognised that there was a real possibility that their actions would bring the proscribed result and the proscribed circumstances existed and having regard to that risk those actions were unreasonable
Discuss R v Tipple
A deliberate decision to run the risk of
Discuss R v Piri
Recklessness involves a conscious, deliberate risk taking. The risk of death under s167(b) or (d) must be more than negligible or remote. They must recognise a real or substantial risk of death.
What was found in R v Desmond in relation to killing in pursuit of an unlawful object
Not only must the object be unlawful, but also the accused must know it was likely to cause death must show the knowledge accompanied the act.
What was found in R v Murphy in relation to attempts
Must be shown that the accused’s intention was to commit the substantive offence. Acts must be sufficiently proximate to the full offence. The defendant must have started to commit the full offence and have gone past the preparation stage.
What was found in R v Harpur in relation to attempts
Several acts together may constitute an attempt.
Viewing the conduct cumulatively up to the point where the conduct stops. It may be considered in its entirety
What is the proximity test?
Simester and brookbanks: has the defendant done anything more than getting himself into a position to make an attempt or have they commences execution and taken a step to the full offence.
The judge decides proximity.
Manslaughter by unlawful act. Newbury & Jones 4 point test.
- Defendant must intentionally do an act
- Act must be unlawful
- Act must be dangerous
- Act must cause death
Manslaughter by negligence situations
When in charge of trains, machinery, mines, vehicles, ships or weapons or while administering medical or surgical treatment
What charges should be considered as an alternative to manslaughter for negligent drivers?
Alternative offences under LTA
aggravated, careless, dangerous and reckless driving causing death.
Consider aggravating contributing factors that may indicate manslaughter.
