Murder and Voluntary Manslaughter

Question 1

Murder definition

Answer 1

Murder is the unlawful killing of a human being under the King’s peace with malice aforethought (express or implied by law)

Question 2

What type of offence is murder?

Answer 2

Common law offence

Question 3

Authority for murder definition

Answer 3

Lord Coke

Question 4

Actus Reus of Murder

Answer 4

The unlawful killing

Question 5

AR of murder committed through…

Answer 5

A postive act or an omission

Question 6

Omissions

Answer 6

Parent/ child = Gibbons & Proctor

Voluntarily assumed reaponsibility = Stone & Dobinson

Contractual duty = Pittwood

Public duty = Dytham

Started a chain of events = Miller

Statutory = s.170 Road Traffic Act 1988

Question 7

When is a killing lawful?

Answer 7

Actions such as turning off life support (Malcharek) or operating to save one patient but killing another (Re A)

Question 8

Second element under AR of murder

Answer 8

A foetus is not a human being (AG’s Ref No. 3)

Question 9

Third element of AR of Murder

Answer 9

Under the Kings peace - D has not killed in battle (Page)

Question 10

Causation for Murder

Answer 10

Factual and legal causation

Question 11

Factual causation

Answer 11

‘But for’ D’s unlawful killing V would have died

Question 12

Case for factual causation

Answer 12

White

Question 13

Legal causation

Answer 13

D’s actions contributed to the death in a more than minimal way and is the operating and substantiating cause of death

Question 14

Case for legal causation

Answer 14

R v Smith

Question 15

Novus Actus Interveniens =

Answer 15

Intervening act

Question 16

Intervening acts

Answer 16

Act of third party/ medical negligence (Smith/ Cheshire)
V’s own actions (Roberts)

Question 17

The act of the third party must what in order to break the chain of causation?

Answer 17

More than a minimal cause/ operating and substantiating cause

Question 18

The V’s own actions must what in order to break the chain of causation?

Answer 18

Reasonably forseeable

Question 19

Thin skull rule

Answer 19

D must take the V as they find them

Question 20

Case for thin skull rule

Answer 20

R v Blaue

Question 21

Mens Rea of Murder

Answer 21

Malice aforethought

Question 22

Malice aforethought is…

Answer 22

Malice = hatred
Aforethought = pre planned (on the spot killings included)

Question 23

Express Malice

Answer 23

D intends to kill V.
Direct intent - aims/ desires V’s death.

Question 24

Case for express malice

Answer 24

R v Mohan/ Belfon

Question 25

Express malice can also include…

Answer 25

Oblique intention

Question 26

Oblique intention

Answer 26

V’s death is a virtual certainty due to D’s actions and D realises this

Question 27

Case for oblique intention

Answer 27

R v Woolin

Question 28

Malice aforethought can also be…

Answer 28

Implied malice

Question 29

Implied malice

Answer 29

D intends to cause ‘really serious harm’ and V dies

Question 30

Case for implied malice

Answer 30

R v Vickers

Question 31

Implied malice can also include…

Answer 31

Direct intention (Mohan/ Belfon) Oblique intention (Woolin)

Question 32

Partial defences to murder

Answer 32

Dimished responsibility and loss of control

Question 33

What do these partial defences do to the charge of murder?

Answer 33

Reduce it to voluntary manslaughter if successfull

Question 34

Act of Parliament for diminished responsibility

Answer 34

S2 of the Homicide Act 1957 as amended by S52 of the Coroners and Justice Act 2009.

Question 35

Diminished responsibility definition

Answer 35

D was suffering an abnormality of mental functioning from a recognised medical condition which substantially impaired his ability to do one of three specified things and explains his act or omission in killing.

Question 36

First element of test

Answer 36

D must have/ suffer with an abnormality of mental funtioning

Question 37

S52 1 (A)

Answer 37

Abnormality of mental functioning

Question 38

Byrne case definition

Answer 38

A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal.

Question 39

AMF must be caused by…

Answer 39

A recognised medical condition

Question 40

Case examples of AMF

Answer 40

Chronic depression (Seers) Batterered wife syndrome (Ahluwalia) Mental deficiency (Speake) Post natal depression (Reynolds) Alcohol dependency (Wood) Pre- menstrual tension (Smith) Sexual psychopath (Byrne)

Question 41

Second element of the test

Answer 41

D must be substantially impaired

Question 42

S52 1 (C)

Answer 42

D’s ability to do one or the 3 things must be substantially impaired

Question 43

The 3 things

Answer 43

A) understand nature of his conduct B) form a rational judgment or C) exercise self control

Question 44

The impairment must be

Answer 44

‘Important or weighty’ (Gold)

Question 45

Substantial impairment cannot come from

Answer 45

Intoxication alone (Egan/ Dowds)

Question 46

Third element

Answer 46

Explains D’s act or omission in killing

Question 47

S52 1 (C)

Answer 47

AMF must explain D’s conduct in killing V

Question 48

The test

Answer 48

1. Factual causation - ‘but for’ (White) 2. Legal - AMF more minimal cause of killing (Smith)

Question 49

Partial defence succeeds

Answer 49

D’s murder charge drops to voluntary manslaughter

Question 50

Partial defence fails

Answer 50

D will still be charged with murder

Question 51

Section for test 1 for DR?

Answer 51

S52 1 (A)

Question 52

Section for test 2 for DR?

Answer 52

S52 1 (B)

Question 53

Section for test 2 for DR?

Answer 53

S52 1 (C)