The Requirements For Liability For Homicide

Question 1

Explain the actus reus requirements of homicide

Answer 1

Requirements common to all forms of homicide are:

1. Unlawful killing of a human being;
2. Concept of ‘killing’ to include factual causation (‘but for’); White [1910];
3. and legal causation (operating and substantial cause) Smith [1959]
4. Not the sole cause, Pagett [1983];
5. ‘thin skull rule’ Blaue [1975]

There can be a break in the chain of causation caused by an intervening act, such as exceptionally bad medical treatment, e.g. Cheshire [1991]

Question 2

Define murder

Answer 2

The actus reus of murder is the unlawful killing of a human being within the Queen’s peace. The mens rea of murder, traditionally called malice forethought, actually requires neither malice nor forethought but simply an intention to kill or cause grievous bodily harm

Question 3

Explain the mens rea requirement for murder

Answer 3

The mens rea for murder is often described as ‘malice aforethought’ which is intention. Intention can mean direct or indirect. Kendrick [1986] and Woolin [1997]

Question 4

Explain the requirements of the defence of dininshed responsibility

Answer 4

Under s2 of the Himicide Act as amended by s52 of the Coroners and Justice Act 2009. The defendant must suffer from an abnormality of mental functioning which (Byrne [1960]):-

1. Arose from a recognised medical condition
2. Substantially impaired the defendant’s ability to understand the nature of their conduct
3. Which provides an explanation for the defendant’s acts and omissions

Question 5

Explain the requirements of the defence of loss of control

Answer 5

S54 and 55 of the Coroners and Justice Act 2009 sets out a partial defence to murder where the defendant must argue that 1 of the 2 qualifying triggers caused them to lose self control.

1st qualifying trigger applies where the defendant kills after suffering a loss of self control due to a fear of serious violence from the deceased.

2nd qualifying trigger will apply where the defendant’s loss of self co trol was caused by things done or said which constituted circumstances of an extremely grave character and which caused the defendant to have a justifiable sense if being seriously wronged.

Question 6

Explain the effect of the statutory defences on liability - to do

Answer 6

10

Question 7

Explain the requirements of involuntary manslaughter

Answer 7

The requirements are:-

1. The defendant must commit an unlawful act (Lowe [1973])
2. All elements of the actus reus and mens rea of the defendant’s crime must be established (Lamb [1967])
3. Crimes of negligence will not suffice
4. There must be a dangerous act which, judged objectively, risks causing at least some harm to another person (Church [1965])
5. The defendant’s act must cause the victim’s death.