Murder & Manslaughter Flashcards
S167 - Murder
(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.
S168 - Murder Further Defined
(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.
Intent
Deliberate act: “Intent” means that act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.
Intent to produce a result: The second type of intent is an intent to produce a specific result. In this context result means “aim, object, or purpose”. Simester and Brookbanks.
Intent to Cause Death
If you are charging an offender with murder under s167 you must show that the defendant:
- intended to cause death, or
- knew that death was likely to ensue, or
- was reckless that death would ensue.
If such intent is not present the offence is manslaughter unless it falls within the provisions of infanticide (section 178).
Recklessness
Deliberately taking an unjustifiable risk. That the defendant was aware of the risk and proceeded regardless (a subjective test), but also that it was unreasonable for him to do so (an objective test).
Cameron v R
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
R v Piri
Recklessness [here] involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused under either s167(b) or (d) must be more than negligible or remote. The accused must recognise a “real or substantial risk” that death would be caused.
R v Desmond
Not only must the object be unlawful, but also the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death.
S167(d) - Killing in pursuit of an unlawful object
R v McKeown - Court looked at the following issues:
- whether the defendant knew the acts were likely to cause death, and
- whether the defendant’s original intent of indecent assault amounted to an unlawful object.
The jury must decide whether the defendant knew that his or her actions at the time were likely to cause death.
Murder committed in the execution of a common purpose
Sections 66(2) (parties to offences) and 168 (extended definition of murder) provide for the criminal responsibility of people who are in the course of carrying out an unlawful purpose when one of them kills someone. The secondary party must know the principal party might do the act that causes death.
Joint Responsibility
It is not necessary to show that the secondary party knew the death was a probable consequence of their carrying out the primary purpose. Rather it must be shown that the secondary party knew it was a probable consequence that the principal might do an act that would, if death ensued, bring their conduct within the terms of section 168.
S102 Sentencing Act 2002
An offender who is convicted of murder must be sentenced to life imprisonment unless, given the circumstances of the offence and the offender, a sentence of imprisonment for life would be manifestly unjust. The court must give written reasons for not imposing a life sentence on an offender convicted of murder. The Sentencing Act 2002 gives the court discretion as to the minimum term to be imposed on a person convicted of murder.
S173 - Attempted Murder
Attempts - Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
R v Murphy
When proving an attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence. For example, in a case of attempted murder it is necessary for the Crown to establish an actual intent to kill.
R v Harpur
[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.
