Murder/Manslaughter Flashcards
What are the elements of murder?
Section 18
1) Death of the deceased (being a human being)
2) Causation (Actus Reus)
- Caused by an unlawful act or ommision
3) Mens Rea (Intent, Reckless, Felony)
- Intent to kill or inflict GBH
- Reckless indifference to human life
- In attempt to commit, before, during, immediately after commission of a crime punishable by 25yrs to life
How do we prove death and what is the definition of death?
The death must be proved beyond a reasonable doubt
1) Direct evidence (by inspection of the body)
2) Circumstantial evidence (where no body found)
- Proved through amount of blood located
- All patterns of life ceased
S33 Human Tissue Act
a) Irreversible cessation of the functions of a persons brain
b) Irreversible cessation of the circulation of a persons blood
What are the two aspects for causation (actus reus) ?
- Prima facie test of causation (casual link from injury to)
Need to satisfy the ‘sine qua non’ (“but for test”
- The death is said to be caused by the actions of the accused - Defence (displace or interrupt causation)
Breaking the ‘casual chain’ by a ‘novus act interveniens’ (new intervening act)
- If the defence can argue a new intervening, an overriding extraordinary event
- caused the death (it supervenes and takes over as the dominant cause)
- And not the actions of the accused
- Then actus reas will not be established
Causation
Is it the necessary for the defendants act to be the sole cause of the offence?
NO - The act can operate with other causal events
What are the five main case laws in relation to causation?
Hallet’s case - Breaking the chain of causation
To break the causal chain the defence must establish on the balance of probabilities
- That the novus actus interveniens
- Is substantial, so extraordinary’
- to happen to break the chain of causation
(knocked deceased out on beach. tide drowned deceased. Deceased could have foreseen actions could lead to death)
Royalls Case - Victim who is frightened to their death
The accused will have caused the death if the
- Victims fear was well founded and reasonable
- And the escape a natural consequence of the accused behaviour
Dawson case - Accused must take his victim as he finds him
The vulnerability of the victim does not become a competing causal factor, the actions of the accused will still be the primary cause of death (eg heart attack)
BLAUE case - Refusal of medical treatment
Will not reupture causal chain, even when victim would have lived
(refused a blood transfusion and dies)
JORDON case - Reluctance to break causation (Medical treatment)
Extraordinary and gross negligence from the medical treatment. Court still reluctant to break causation.
Murder - Mens rea
What are the Three Heads of Murder?
1) Intentional
- Deliberate intent to kill or inflict ABH
- Includes transfer of malice
2) Reckless Indifference to Human Life
- Probability of death - foresight of consequences
(did not desire death but could foresee the probability of death and acted anyway)
3) Constructive (felony 25 years +)
- Causes death in an attempt/during/after a crime punishable by life or 25years+. The defendant need not act with intent to kill/GBH. Mens Rea only required for the felony.
Murder - Reckless
What three case laws are used to establish Reckless Indifference to human life?
CRABBE case (1985)
- Without lawful justification or excuse
- Does an act knowing that it is PROBABLE that death will result
- Is guilty of murder if death in fact results
Has to be PROBABLE not POSSIBLE
(Truck drives through crowded pub)
HYAM case
Accused sets fire to house and daughters die
Found guilty as death was FORESEEABLE
Nelson v The Queen
Accused punches intoxicated person who falls to the ground, hits his head and dies
What is the case law in a constructive murder (felony mens rea)?
R v RYAN - Armed robbery where a person is shot and killed trying to stop the defendant escape. Found guilty of murder.
What are the two heads of Manslaughter?
Voluntary Manslaughter (Mitigation)
Killing which at prima facie amounts to murder but is reduced to manslaughter by reason of mitigating circumstances
1) Provocation
2) Substantial impairment by abnormality of the mind
3) Infanticide (death of child under 12 months (act or omission), at the time, balance of her mind disturbed by not having recovered from the birth)
Involuntary Manslaughter
No prima facie evidence of murder
1) Gross negligence (act or omission)
- Under a duty of care for the deceased,
- Grossly negligence (reckless or failed to perform duty)
- Death occurred or was accelerated by the omission
2) Unlawful and dangerous act
- Death of a person cause by unlawful and dangerous act of the accused
- Standpoint of a reasonable man, an appreciable risk of serious injury
What is the case law for gross negligence and unlawful and dangerous act?
TACTAC case - Negligence and assumed responsibility
Carer becomes liable for any act or omission due to duty of care
(Carer failed to provide medical treatment to prostitute who overdosed)
WIlson v Queen - Unlawful and dangerous
“Would all sober and reasonable people recognise the danger”
