Murder And Manslaughter

Question 1

What is the distinguishing element in the charge of murder

Answer 1

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.

Question 2

Do you need to prove that the secondary party knew that death was a probable consequence when charging under section 168

Answer 2

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.

Question 3

Name four associated murder charges

Answer 3

Attempt to murder
Counselling or attempting to procure murder
Conspiracy to murder
Accessory after the fact to murder

Question 4

What are the two distinct types of manslaughter defined by common law

Answer 4

Voluntary
Involuntary

Question 5

What is the charge if homicide arose out of a suicide pact

Answer 5

Manslaughter

Question 6

If an offender intends to kill A but strikes the fatal blow to B, are they still guilty of murder?

Answer 6

Yes, the guilt is not affected as per section 167(c)

Question 7

What to prosecution need to prove for attempt to murder

Answer 7

Mens rea and actus Rea of s72 (having intent to
Commit an offence, dies or omits an act)
Intention to kill

Question 8

Define voluntary manslaughter

Answer 8

Mitigating circumstances reduce what would otherwise be murder to manslaughter

Question 9

Define involuntary manslaughter

Answer 9

Covers types of unlawful killing in which death is caused by criminal negligence. When there has been on intention to kill or cause GBH

Question 10

What issues should you consider when considering whether to charge after the killing during a sudden fight

Answer 10

Self defense
The requisite mens tea for a murder/manslaughter charge

Question 11

When is culpable homicide murder (4)

Answer 11

• 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

Question 12

Discuss s168 further definition of murder

Answer 12

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

Question 13

Define intent

Answer 13

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’

Question 14

What must be shown to prove intent to cause death

Answer 14

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

Question 15

Discuss recklessness using case law

Answer 15

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

Question 16

Discuss R v Tipple

Answer 16

A deliberate decision to run the risk of

Question 17

Discuss R v Piri

Answer 17

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.

Question 18

What was found in R v Desmond in relation to killing in pursuit of an unlawful object

Answer 18

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.

Question 19

What was found in R v Murphy in relation to attempts

Answer 19

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.

Question 20

What was found in R v Harpur in relation to attempts

Answer 20

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

Question 21

What is the proximity test?

Answer 21

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.

Question 22

Manslaughter by unlawful act. Newbury & Jones 4 point test.

Answer 22

1. Defendant must intentionally do an act
2. Act must be unlawful
3. Act must be dangerous
4. Act must cause death

Question 23

Manslaughter by negligence situations

Answer 23

When in charge of trains, machinery, mines, vehicles, ships or weapons or while administering medical or surgical treatment

Question 24

What charges should be considered as an alternative to manslaughter for negligent drivers?

Answer 24

Alternative offences under LTA
aggravated, careless, dangerous and reckless driving causing death.

Consider aggravating contributing factors that may indicate manslaughter.

Question 25

What must prosecution prove for gross negligence

Answer 25

A very high degree of negligence or gross negligence.

Must be a major departure from the standard of care expected.

Question 26

What was found in R b Adomako in relation to gross negligence

Answer 26

Having regard to the risk of death, the defendant knowingly ran that risk or was indifferent to an obvious risk of death.

Question 27

What is infanticide?

Answer 27

A charge brought against a mother who has killed her child as a result of her mind being unbalanced due to the effects of giving birth or lactation

Question 28

What are the legal duties of providing things and conditions to sustain life and protect from injury
S 151 & S 152

Answer 28

To provide necessaries and to take reasonable steps to protect that person from injury if you have actual care or are in charge of vulnerable adults or parents caring for a child under 18

Question 29

Provide examples of ‘dangerous things’ as discussed in s156

Answer 29

Motor vehicles, trains, animals, ships, weapons, machinery or explosives

Question 30

Who decides on the mothers state of mind in relation to infanticide

Answer 30

The jury

Question 31

Define vulnerable adult

Answer 31

A person unable by reason of detention, age, sickness, mental impairment or any other cause to withdraw themself from the care/charge of another person.

Can be short lived or temporary

Question 32

What are necessaries of life

Answer 32

Commodities and services necessary to sustain life. Eg food, clothing, housing, warmth and medical care

Question 33

Causing death that might have been prevented

Answer 33

By an act or omission, causes death that might have been prevented

Question 34

Causing injury, the treatment of which causes death

Answer 34

When you cause an injury and treatment is required (eg surgery) and the treatment causes death, you are liable for causing death.

Even if improper treatment, as long as acted in good faith.

The injury must remain a substantial cause of death which grew from the subsequent effects and risks

Question 35

Is life support classed as treatment?

Answer 35

To withdraw life support is not ‘treatment’ under s166

Question 36

What is novus acus interviens?

Answer 36

An intervening act that breaks the chain of causation

Question 37

Define aiding and abetting suicide

Answer 37

Must do something to assist the suicide.

Aids, abets, incites, counsels or procures any person to commit suicide

Question 38

Define aiding and abetting suicide

Answer 38

Must do something to assist the suicide.

Aids, abets, incites, counsels or procures any person to commit suicide

Question 39

Define suicide pact and when is someone liable

Answer 39

Suicide pact is a common agreement between two or more people where the object is death of all of them.

If a person survives they are guilty of manslaughter.

Question 40

What is the offence of concealment of a child’s body?

Answer 40

When someone disposes of a dead body with intent to conceal the birth from any person whether they died before, during of after birth.

A ‘child’ is defined as a child of comparatively recent birth

It must be done with intent to conceal the fact of both. May be satisfied even if the birth is known to some people.

Question 41

What is the rule around admissibility of hearsay statements?

Answer 41

Generally admissible if the statement is reliable and either maker is unavailable or judge considers it an undue expense or delay to get them to court.

Question 42

What circumstances need to be considered when assessing hearsay statements?

Answer 42

• nature
• content
• circumstances of the making
• veracity
• accuracy