Sudden Death Flashcards
Sudden and Unexplained Death
Incidents of sudden death include suicide, homicide and accidental deaths
If attending a sucidie…
Seize or make a note of means of suicide, e.g. Seize the knot in the noose when the victim is removed. Make a note of notes and leave them sealed.
Suicide Act 1961
SA - suicide is not a criminal offence but encouraging or assisting is an offence.
Sentencing is 14 years in prison
Homicide definition
Several categories of Homicide but all have same actus reus - The unlawful killing of human being.
Types of Homicide
Murder, Voluntary manslaughter, involuntary manslaughter, assisted suicide, gross negligence manslaughter, corporate manslaughter, motor manslaughter.
Murder Definition - Institutes of the Laws of England (1628-1644)
“Murder is when a person unlawfully killeth… any reasonable creature in return natura, under the King’s peace…with malice aforethought… so as the party wounded or hurt…dies of the wound or hurt…withint a year and a day”
“Unlawfully Killed” - What are lawful excuses?
Lawful excuse could be acting in self-defence or defence of another.
Chain of causation
The defendant might not be convicted of murder if an independent action by the victim or third party breaks the chain of the defendant’s action
For example, you poison someone but they get run over before the poison kicks in.
With Malice Aforethought - Mens Rea
Intention to kill or cause grievous bodily harm. Recklessness is not enough, although indirect intention is sufficient (causing GBH but not killing)
Voluntary Manslaughter defintiion
Basically a Murder Defence
Partial Defence:
-Diminished Responsibility
-Loss of Control
-Infanticide
-Suicide Pact
Suicide Pact - S.4 Homicide Act 1957
Surviving parties of suicide pacts are charged with manslaughter, not murder.
Only 0.6 of suicides occur from a pact.
S.1 Infanticide Act 1938
If a biological mother causes death of her child under 12 months of age by an act or omission as a result of post-natal depression (or similar).
Mother could be charged with Infanticide or voluntary manslaughter.
Involuntary (or Constructive) Manslaughter Definition
Death is caused but the defendant has not intention to kill or cause GBH
a) Unlawful and dangerous act manslaughter (also known as constructive manslaughter)
Unlawful Act which is dangerous and causes death. Includes crimes such as robbery, criminal damage.
Harper’s Law - S.3 Police, Crime, Sentencing and Courts Act 2022
Mandatory life sentences for anyone convicted of killing an emergency worker whilst committing a crime. (regardless of type of homicide)
Gross Negligence Manslaughter
GNM - Defendant has to (or not do) something far beyond civil liabilities. It must be ‘so bad’ it causes death while there is a duty of care.
GNM sentencing
Indictable offence only - life impriosnment
Work Place Related Death
Death caused by an incident arising out of, or in connection with, work.
Corporate Manslaughter - S.1 Corporate Manslaughter and Corporate Homicide Act 2007
Similar to GNM but targeted at companies. Needs:
-A duty of care
-An action or lack of action ‘so bad’
-That causes death
Obtain the following details for a Coroner
-Name/Address/DOB/Place of birth of deceased
-Time/Day/Date of death
-Who found deceased?
-Have you obtained an identification statement?
-Medical history of deceased (if known)
-Name of deceased’s GP surgery
-Who last saw deceased alive/when/where?
-Observations of any medication condition, any complaint of feeling unwell?
-Evidence of neglect
-Which Doctor confirmed death?
-Identity of others who can give useful information
-Place where body now lies, what Mortuary?
What should you do when the body is taken to the mortuary?
Make note of the time the body is taken away from you.
Valuable Property at sudden death
Items should be seized and listed in the PNB/ Then placed in the property system at the Police Station. Record what travels with the body.
Sudden death special conditions
Hindu necklace (made of wood) should not be removed. Jewellery may be of some religious significance.
Record and get a witness for what is left with the body.
Religious conditions interfere, talk to a supervisor.
What if you cannot identify the body?
DNA, dental records, gain accurate descriptions from friends/neighbours.
Exceptional Situations Sudden Death
-Death in custody
-Death following contact with police
-Sudden Unexpected Death of a Child (SUDC)
Take extra notes as there will be severe scrutiny.
Always treat this as a scene.
