Murder and partial defences Flashcards
Homicide
Unlawful killing of another human being and is an umbrella term used
to encompass situations where the defendant is criminally liable for either murder or
manslaughter.
Murder - AR
- Unlawful killing of another human being
The killing must take place under the Queen’s peace; thus, where the defendant kills an enemy combatant during times of war,
they have a defence to a charge of murder.
Murder - MR
Intention either to kill or to cause grievous
bodily harm.
Direct intent - death or grievous bodily harm was the defendant’s aim or
purpose (the ordinary meaning of ‘intention’).
Indirect or oblique intent -applies where death or serious harm is not the defendant’s
primary aim, but is a virtually certain consequence of their actions and the defendant
appreciates this.
Voluntary manslaughter
Satisfy elements of murder.
3 situations:
(a) diminished responsibility;
(b) loss of control; and
(c) suicide pact.
Then partial defence, committed lesser offence.
Voluntary manslaughter - diminished responsibility
(a) an abnormality of mental functioning; which
(b) arose from a recognised medical condition; and
(c) substantially impaired the defendant’s ability to understand the nature of their conduct,
and/ or form a rational judgment and/ or exercise self- control; and
(d) provides an explanation for the defendant’s act or omission in doing the killing.
Voluntary manslaughter - diminished responsibility - evidential issues
Prosecution prove murder beyond reasonable doubt.
Legal burden of proving all the elements of diminished
responsibility switches to the defendant on balance of probabilities.
Voluntary manslaughter - diminished responsibility - intoxication
An offender who voluntarily takes alcohol or drugs and then behaves in
a way they would not have done when sober is not excused from responsibility.
If alcohol dependency syndrome jury look at effect of the effect of alcohol consumed because of illness and ignore alcohol consumed voluntarily - will depend on medical evidence.
If schizophrenia and psychotic state triggered by voluntary intoxication - DR.
Voluntary manslaughter - diminished responsibility - substantial impairment of the defendant’s ability
(a) to understand the nature of their conduct; and/ or
(b) form a rational judgment; and/ or
(c) exercise self- control.
Voluntary manslaughter - loss of control
Partial defence.
(a) the defendant must lose self- control;
(b) the loss of control must have a qualifying trigger; and
(c) a person of the defendant’s sex and age, with a normal degree of tolerance and selfrestraint
and in the circumstances of the defendant, might have reacted in the same or in
a similar way as the defendant did.
Voluntary manslaughter - loss of control - evidential issues
Provided the accused can produce some evidence that raises the defence,
the burden will revert back to the prosecution to disprove loss of control beyond reasonable
doubt.
Voluntary manslaughter - loss of control - lose self control
Subjective.
No need to be sudden.
Where:
- the defendant ‘snaps’; or
- their reaction is a response to a culmination of events, such as incidents of abuse, that occur over time.
Will not apply where
the defendant acted in a considered desire for revenge e.g. planning, arms themselves with weapons.
Voluntary manslaughter - loss of control - lose self control - qualifying triggers
- The fear trigger
Fear of serious violence from the victim against the defendant or another
identified person. - The anger trigger
Attributable to things said and/ or done that amounted to circumstances of an extremely grave
character and caused the defendant to have a justifiable sense of having been seriously
wronged.
Cannot be sexual infidelity.
Involuntary manslaughter
AR of murder: unlawfully causing the death of a
human being
MR: no requirement to prove that the defendant
intended to kill or cause grievous bodily harm.
Involuntary manslaughter - unlawful act manslaughter - AR
The defendant must:
* do an unlawful act; which
* is dangerous; and
* causes the victim’s death
Unlawful act = crime with mens rea of intent/recklessness.
Dangerous act =
Test is objective.
Reasonable person deemed to have knowledge D had or should have had at time of offence.
Defendant need not foresee the precise form or sort of harm that ensues.
Involuntary manslaughter - unlawful act manslaughter - MR
Will change depending upon the circumstances
as it will be linked to the particular unlawful act.
