Murder and the partial defences & involuntary manslaughter

Question 1

What is the mens rea of murder?

Answer 1

Intention to kill or cause grievous (really serious) bodily harm

Question 2

What is the required MR for attempted murder?

Answer 2

Intention to kill - i.e. intention to cause GBH is not sufficient for attempt

Question 3

Can the MR for murder be satisfied by indirect or oblique intent?

Answer 3

Yes, if death of GBH were not the intention but a virtually certain consequence of the defendant’s actions and they appreciate this

Question 4

What is voluntary manslaughter?

Answer 4

Where the AR and MR of murder has been satisfied, but the offence is reduced as either the diminished responsibility defence or loss of control defence apply

Question 5

What are the 4 elements which need to be proven for the defence of diminished responsibility for murder?

Answer 5

1. Abnormality of mental functioning, WHICH
2. Arose from a recognised medical condition, AND
3. Substantially impaired the defendant’s ability to understand the nature of their conduct / form a rational judgement / exercise self-control, AND
4. Provides explanation for defendant’s act

Question 6

Who is the burden of proof on for proving the 4 elements of the diminished responsibility defence?

Answer 6

Burden of proof on defendant, on balance of probabilities

Question 7

What are the 3 components which need to be overcome for the defence of loss of control for murder?

Answer 7

1. Must lose self control
2. Loss of control must have qualifying trigger (2 options)
3. And a person of the defendant’s age and sex, with a normal degree of tolerance and self-restraint and in the same circumstances might have reacted in the same or similar way

Question 8

What are the two possible qualifying triggers?

Answer 8

1. Fear trigger - fear of serious violence against either defendant or another
2. Anger trigger - something was said or done that constituted circumstances of an extremely grave character and that caused the defendant to have a justifiable sense of being seriously wronged

Question 9

When the MR for murder is not present, what are the other offences available?

Answer 9

Unlawful act manslaughter
Gross negligence manslaughter

Question 10

What is the AR for unlawful act manslaughter?

Answer 10

1. Do an unlawful act (NOT an omission)
2. Which is dangerous (objective assessment of risk of some harm to a person)
3. Which causes the victims death (rules of factual and legal causation apply)

Question 11

What is the standard by which it is considered whether an unlawful act is dangerous?

Answer 11

R v Church - The act must be one that “all sober and reasonable people would inevitably recognise must subject the other person to at least the risk of some harm…albeit not serious harm”

Question 12

What is the MR for unlawful act manslaughter?

Answer 12

Must have intended to do the unlawful act - i.e. have a criminal state of mind

Question 13

How is gross negligence manslaughter established?

Answer 13

1. Duty of case owed by defendant to victim
2. Duty was breached
3. Risk that defendant’s conduct could cause death
4. Breach did cause death
5. Conduct was grossly negligent

Question 14

Does the defendant need to have intention or recklessness to satisfy the MR for gross negligence manslaughter?

Answer 14

No

Question 15

Can liability for gross negligence manslaughter be incurred through an omission?

Answer 15

Yes, as well as a positive act