Murder and Manslaughter offences Flashcards
When is culpable homicide murder under Sec 167?
Culpable homicide is murder in each following case:
a) If the offender means to cause the Death of the person killed:
(b) If the offender means to cause to the person killed any Bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not:
(c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid 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.
When is culpable homicide murder under Sec 168 (1)
(1) Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:
(a) If he means to cause grievous bodily injury for the purpose of facilitating the Commission of any of the offences mentioned in subsection (2) of this section, 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 administers any Stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:
(c) If he by any means wilfully stops the Breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.
in ‘Semester and Brookbanks’, What does ‘result’ mean
i.e: …intent to produce a result
a result is an aim, object or purpose
When charging someone for murder under Sec 167, you must show the defendant either…:
- intended to cause the death, or
- knew that death was likely to ensue, or
- was reckless that death would ensue
If no such intent present the offence is manslaughter, unless it is infanticide (sec 178)
To show a defendant’s state of mind meets provisions of Sec 167(b), you must show that the defendant….
- intended to cause bodily injury to the deceased, and
- knew the injury was likely to cause death, and
- was reckless as to whether death ensued or not
IN Sec 167(d), does the unlawful object need to be the same as that which causes death?
NO.
Example: Causing death by blowing up a prison wall to liberate prisoner. The unlawful object was the freeing of prisoners, setting off the explosion was the means to carry out the object.
Joint responsibility - sec 66
is it necessary to show the secondary party knew death was likely in carrying out the primary purpose?
No - secondary party did not need to know death was likely in carrying out primary purpose
BUT must be shown he knew it was probable that the principal offender might do an act, where if death was caused, it would bring their conduct under sec 168.
What is the punishment for murder.
Act/section
Sec 172, CA61
172
(1) everyone who committs murder is liable to life imprisonment.
2) Subsection (1) is subject to Sec 102 sentencing act 2002
Explain sec 102, Sentencing act 2002
(1) - person convicted for murder must be sentenced to life imprisonment, unless under the circumstances of the offence and the offender, it would be manifestly unjust to do so.
(2) A court must give written reasons as to why it did not impose a sentence of life imprisonment
what is the ‘all but’ rule?
To prove an attempt the defendant must have done or omitted to do an act that is sufficiently proximate to the offence.
The defendant must have started to commit the full offence and gone beyond the phase of preparation.
Explain when several act together may constitute an offence - case law
R V HARPUR
When a number of individual acts are taken together, they can show an attempt to commit an offence.
What is the test for ‘proximity’.
Proximity is a question of law.
Semester and brookbanks:
- has the offender done anything more than getting himself into position from where he can embark on an attempt?
- has the offender actually taken a step in the actual offence?
If answer is yes to either question - then there has been an attempt as a mater of law. If not it is preparation only and not an attempt.
Explain the difference between inciting murder, being a party to murder and party to attempted murder - for a person inciting murder.
Section 174 applies where murder is not in fact committed.
If the person incited or counselled commits murder, the parties’ provisions of s 66(1)(d) will apply to the inciter or counsellor for murder itself.
Where murder is attempted but not in fact committed, an inciter, counsellor or procurer will be liable as a party under s 66(1)(d) to an attempt to murder under s 173.
What is involuntary manslaughter?
- An unlawful killing in which the death is caused by an unlawful act or gross negligence.
- In such cases there has been no intention to kill or to cause grievous bodily harm.
What is voluntary manslaughter?
Covers incidents in which mitigating circumstances reduce what would have been murder to manslaughter, i.e a suicide pact where the defendant intended to kill or cause GBH.
