Murder and Manslaughter Offences Flashcards
Murder Defined
CA61; S167 - Murder defined
Culpable homicide is murder in each of the following cases:
(a) If the offender means to cause the death of the person killed.
(b) If the offender means to cause bodily injury that is likely to cause death, and is reckless whether death ensues or not.
(c) If the offender means to cause death to one person and by accident or mistake kills another person, though he does not mean to hurt the person killed.
(d) If the offender for any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one.
Further Definition of Murder
CA61; S168(1)
(a) If he or she means to cause GBH for the purpose of facilitating the commission of any of the offences mentioned in subsection (2), or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury.
(b) If he or she administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof.
(c) If he or she by any means wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.
SMAK BAR
S168(2) - further definition of murder - some specified offences
Sexual violation;
Murder;
Abduction;
Kidnapping;
Burglary;
Arson
Robbery;
Intent
Definition
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
Intent - deliberate act
Intent means that the act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.
Intent - to produce a result
The second type of intent is an intent to produce a specific result. In this context, result means “aim, object, or purpose”.
Cameron v R
Recklessness
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable
R v Piri
Recklessness in murder
Recognition of a real or substantial risk
Recklessness here involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused under either s167(b) or (d) must be more than negligible or remote. The accused must recognise a “real or substantial risk” that death would be caused.
R v Desmond
Killing in pursuit of an unlawful object - knowledge
R v Desmond
Not only must the object be unlawful, but also the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death.
What happened in R v McKeown?
The defendant McKeown broke into the home of a partially paralysed 68 year old woman with the intent of indecently assaulting her. As a result of being bound and gagged she died from asphyxiation.
What two issues did the Court have to consider in R v McKeown?
- Whether the defendant knew the acts were likely to cause death, and
- Whether the defendant’s original intent of indecent assault amounted to an unlawful object.
Regarding McKeown, what conclusion did the Court come to regarding whether the defendant knew that the acts were likely to cause death?
The Court found that, “The series of acts of violence by the accused were virtually continuous and occurred within a very short space of time. There was no evidential basis for suggesting that during the brief attack his state of mind or purpose varied significantly. The combination of acts resulted in death and there is no principle requiring proof that the accused foresaw precisely how death would occur.”
Regarding McKeown, what conclusion did the Court come to regarding whether the defendant’s original intent of indecent assault amounted to an unlawful object?
The Court found the “unlawful object”, referred to in S167(d) does not need to be the same as that injury that causes death. Here the indecent assault can be such an unlawful object where other personal injuries are inflicted in the knowledge that they are likely to cause death.
Murder committed in the execution of a common purpose
Under S168 it is sufficient if the offender does any of the acts listed for one or other of the purposes stated. In ss(1)(a) GBH means, “harm that is very serious”. To come within ss(1)(c), the stopping of the victim’s breath must be done wilfully.
The secondary party must know the principal party might do the act that causes death.
Joint responsibility
Whether reliance is placed on ss(1) or ss(2) of S66, it is not necessary to show that the secondary party knew the death was a probable consequence of their carrying out the primary purpose. Rather it must be shown that the secondary party knew it was a probable consequence that the principal might do an act that would, if death ensued, bring their conduct within the terms of section 168.
Punishment of Murder
S172 CA61
(1) Every one who commits murder is liable to imprisonment for life.
(2) Subsection (1) is subject to section 102 of the Sentencing Act 2002.
Attempt to murder
Section 173 - a separate offence for attempted murder. The Crown is responsible for establishing the mens rea and the actus reus as set out in S72.
