Murder and the structure of homicide

Question 1

What is the actus reus of both murder and culpable homicide?

Answer 1

Any wilful act which causes the death of another person.

Question 2

What are some examples of offences which involve death but are not generally referred to as “homicide” offences?

Answer 2

Road Traffic Act 1988.
- Causing death by dangerous driving (s1).
- Causing death by careless driving (s2B).
- Causing death by driving under the influence (s3A).
- Causing death by driving while disqualified, unlicensed or uninsured (s3ZB).

Question 3

What is Macdonald’s definition of the mens rea of murder?

Answer 3

Either intent to kill or wicked recklessness.
- In Drury, the HC said this was not quite correct. ‘Wicked’ should come before ‘intent’ also.
So:
Wicked intent or wicked recklessness.

Question 4

What does ‘wicked’ mean in this context?

Answer 4

Gillon v HMA 2007 JC 24.
- ‘Wicked’ would simply indicate the absence of a valid justification or excuse.

Question 5

A person cannot consent to their own death. What is the authority for this?

Answer 5

HMA v Rutherford 1947 JC 1.

Question 6

What are the three elements to wicked recklessness?

Answer 6

1. Intent to injure the victim;
2. In a manner that may have resulted in death, evidencing that;
3. They did not care whether the victim lived or died.
   NOT ENOUGH TO SIMPLY SAY THEY WERE RUNNING A HIGH RISK. INTENT TO INJURE = ESSENTIAL - HMA v Purcell 2008 JC 131.

Question 7

Can wicked recklessness be automatically inferred from the use of weapons?

Answer 7

HMA v McGuiness 1937 JC 37 (at 40).
- “If people resort to the use of deadly weapons of this kind, they are guilty of murder whether they intended to kill or not”.
- This is not a rule, it merely makes it easier to prove the accused had the mens rea required.