Topic 4 - Homicide (Part 1) Flashcards
What is homicide?
Homicide is an umbrella term covering murder and manslaughter offenses.
What are the key elements of murder?
The key elements of murder are:
1. Actus Reus: Causing the death of a human being.
2. Mens Rea: Intention to kill or cause grievous bodily harm.
What is causation in the context of murder?
Causation refers to proving that the defendant caused the victim’s death, which is a crucial element in a murder charge.
When does a fetus become a ‘human being’ for homicide purposes?
A fetus becomes a ‘human being’ once it is born and has an independent existence outside the mother.
How is death generally determined in homicide cases?
Death is generally determined when the brainstem, which controls essential bodily functions like breathing, ceases to function.
What does ‘malice aforethought’ mean in the context of murder?
‘Malice aforethought’ refers to the defendant’s intention to kill or cause grievous bodily harm.
What is the difference between direct and indirect (oblique) intention in murder?
- Direct intention: The defendant’s aim or purpose is to kill or cause grievous bodily harm.
- Indirect (oblique) intention: The defendant foresees that death or serious harm is a virtual certainty of their actions.
What are partial defenses to murder?
Partial defenses to murder include diminished responsibility and loss of control, which reduce the charge from murder to voluntary manslaughter.
What is the effect of a partial defense in a murder case?
A partial defense reduces a murder charge to voluntary manslaughter, but does not result in acquittal.
When can the partial defense of diminished responsibility be used?
Diminished responsibility applies when the defendant can prove on a balance of probabilities that they had an abnormality of mental functioning due to a recognized medical condition that substantially impaired their ability to understand their conduct, form a rational judgment, or exercise self-control.
What are the key elements of diminished responsibility?
The four key elements of diminished responsibility are:
1. Abnormality of mental functioning arising from a recognized medical condition.
2. Substantial impairment of the defendant’s ability to understand their conduct, form a rational judgment, or exercise self-control.
3. Explanation for the defendant’s actions or omission in causing the death.
What is the burden of proof for diminished responsibility?
The burden of proof for diminished responsibility is on the defendant, who must prove the defense on a balance of probabilities.
What is the partial defense of loss of control?
Loss of control is a defense where the defendant claims they lost self-control due to a qualifying trigger, and their reaction would be considered reasonable by a person of their sex and age.
What are the elements of the loss of control defense?
The three elements of loss of control are:
1. The defendant lost self-control.
2. The loss of control was triggered by either:
- Fear Trigger: Fear of serious violence.
- Anger Trigger: Circumstances of an extremely grave character that cause the defendant to feel seriously wronged.
3. A person of the defendant’s age and sex, with normal self-restraint, would have reacted similarly.
Can sexual infidelity be used as a qualifying trigger in the loss of control defense?
Sexual infidelity alone cannot establish a qualifying trigger. However, if it is part of a broader context that involves another qualifying trigger, it may be considered.
