Sudden Death

Question 1

Sudden and Unexplained Death

Answer 1

Incidents of sudden death include suicide, homicide and accidental deaths

Question 2

If attending a sucidie…

Answer 2

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.

Question 3

Suicide Act 1961

Answer 3

SA - suicide is not a criminal offence but encouraging or assisting is an offence.
Sentencing is 14 years in prison

Question 4

Homicide definition

Answer 4

Several categories of Homicide but all have same actus reus - The unlawful killing of human being.

Question 5

Types of Homicide

Answer 5

Murder, Voluntary manslaughter, involuntary manslaughter, assisted suicide, gross negligence manslaughter, corporate manslaughter, motor manslaughter.

Question 6

Murder Definition - Institutes of the Laws of England (1628-1644)

Answer 6

“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”

Question 7

“Unlawfully Killed” - What are lawful excuses?

Answer 7

Lawful excuse could be acting in self-defence or defence of another.

Question 8

Chain of causation

Answer 8

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.

Question 9

With Malice Aforethought - Mens Rea

Answer 9

Intention to kill or cause grievous bodily harm. Recklessness is not enough, although indirect intention is sufficient (causing GBH but not killing)

Question 10

Voluntary Manslaughter defintiion

Answer 10

Basically a Murder Defence
Partial Defence:
-Diminished Responsibility
-Loss of Control
-Infanticide
-Suicide Pact

Question 11

Suicide Pact - S.4 Homicide Act 1957

Answer 11

Surviving parties of suicide pacts are charged with manslaughter, not murder.
Only 0.6 of suicides occur from a pact.

Question 12

S.1 Infanticide Act 1938

Answer 12

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.

Question 13

Involuntary (or Constructive) Manslaughter Definition

Answer 13

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.

Question 14

Harper’s Law - S.3 Police, Crime, Sentencing and Courts Act 2022

Answer 14

Mandatory life sentences for anyone convicted of killing an emergency worker whilst committing a crime. (regardless of type of homicide)

Question 15

Gross Negligence Manslaughter

Answer 15

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.

Question 16

GNM sentencing

Answer 16

Indictable offence only - life impriosnment

Question 17

Work Place Related Death

Answer 17

Death caused by an incident arising out of, or in connection with, work.

Question 18

Corporate Manslaughter - S.1 Corporate Manslaughter and Corporate Homicide Act 2007

Answer 18

Similar to GNM but targeted at companies. Needs:
-A duty of care
-An action or lack of action ‘so bad’
-That causes death

Question 19

Obtain the following details for a Coroner

Answer 19

-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?

Question 20

What should you do when the body is taken to the mortuary?

Answer 20

Make note of the time the body is taken away from you.

Question 21

Valuable Property at sudden death

Answer 21

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.

Question 22

Sudden death special conditions

Answer 22

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.

Question 23

What if you cannot identify the body?

Answer 23

DNA, dental records, gain accurate descriptions from friends/neighbours.

Question 24

Exceptional Situations Sudden Death

Answer 24

-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.