Part 2 Murder / Manslaughter Flashcards
Murder Defined
s167
(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 anyone
Further Definition of Murder
s168
If the offender does 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 grevious 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
There are two specific types of intent:
- Deliberate act: act or omission must be done deliberately. The act or omission must be more than involuntary or accidential
- Intent to produce a result: Intent to produce a specific result . What is the aim, object or purpose.
Intent to Cause Death
- Intended to cause death
- Knew that death was likely to ensue
- Was reckless that death would ensue
If such intent is not present the offence is manslaughter or infanticide
Bodily Injury Defined
Grievous bodiy injury - means harm that is very serious, such as injury to a vital organ
Recklessness Defined
- Acting recklessly involves consciously and deliberately taking of an unjustifiable risk.*
- It must be proved not only that the defendant was aware of the risk and proceeded regardless (subjective test), but also that it was unreasonable for him to do so (objective test).*
To meet s167(b), you must establish:
- Intended to cause bodily injury to the deceased
- Knew the injury was likely to cause death
- Was reckless as to whether death ensued or not
Cameron v R (Case law - Recklessness)
Recklessness is established if:
(a) (subjective test) 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) (Subjective/Objective test) having regard to that risk those actions were unreasonable.
Further discussion in Cameron v R - (Objective/Subjective test)
Part (a) -
- Is completely subjective. A real possibility is the same as something that ‘could well happen’
- Require that the defendant recognised the risk the offence anticipates as being possible.
Part (b) -
- Is subjective and objective
- If the actions of the defendant have no social utility, the running of any risk subjectively appreciated is unreasonable and thus reckless.
- Social utility - Socially accepted circumstances where the risk of bodily injury or death is likely to ensue, e.g: heart surgery vs game of russian roulette.
R v Piri (Case law - Recklessness)
Recklessness 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 negligble or remote. The accused must recognise a ‘real and substantial risk’ that death would be caused.
Killing in pursuit of an unlawful object
s167(d)
- The distinction is made between an unlawful object and an object that may be illicit or immoral. Where the object is unlawful, the actions of the defendant are covered by para (d) provided the defendant knows that their action is likely to cause somebody’s death.*
- Example: Where one causes another death by blowing up a prison wall to liberate prisoners.* - using explosives to destroy another property is unlawful.
R v Desmond (Case law - Killing in pursuit of an unlawful object)
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
Murder committed in the execution of a common purpose
- Sections 66(2) - parties to offences and s168 provide for the criminal responsibility of people who are in the course of carrying out an unlawful purpose when one of them kills someone.
- s168 must be read in conjunction with s158 - 166
- The secondary party must know the principal party might do the act that causes death.
Joint Responsibility
- Whether reliance is placed on ss(1) or (2) of s66, it is not necessary to show that the secondary party knew the death was a probable consequence of their carrying out the primary purpose.
- 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 s168.
Attempted Murder
s173
Attempted murder is a seperate offence. It is for the Crown to establish the mens rea and actus reus as set out in s72.
Penalty: 14 years imprisonment
Attempts
s72
(1) Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
