Topic A - Homicide Flashcards
Fatal Offence
Such an offence involves the death of a person
Homicide
The killing of a human being
Common law
law developed by judicial decisons
Human being
In the instance of murder, a human being is a person who is born and capable of breathing, a person who is not classed as legally brain dead
Transferred Malice
The intent to kill in one offence can be transferred to another. For example, if A intends to shoot B but misses, killing C instead, his intent is transferred to the victim (C) and so A will still be liable for the death
Double Jeopardy Rule
Allows suspects to be retried for an offence if there is new evidence available
Actus reus
the guilty act part of a crime
Mens rea
the guilty mind part of the crime
Chain of causation
an unbroken link in the actus reus from the initial act or omission to the end result - the victim’s death or injury
Novus actus interveniens
an intervening event which will beak the chain of causation
Factual causation
The principle that the action of the defendant caused the harm
Legal causation
The examination of an action to see if it contributed to harm
Intervening event
An event that breaks the chain of causation, sometimes referred to as ‘novus actus interveniens’
Direct Intent
the purpose or desire to cause harm
Indirect (or oblique) intent
A defendant states that they did not intend to cause death but in fact believed that death was virtually certain
Law Commission
A statutory, independent body created to review the law in England and Wales
Partial Defence
this type of defence will not lead to an acquittal (escaping any liability or punishment). Partial defences only apply to a murder charge and reduce the charge to voluntary manslaughter
Manslaughter
A homicide that is not classed as murder. There are two categories of manslaughter - voluntary and involuntary
Casual link
the same principle as causation, there must be a link between the actus reus and the result
Mitigating circumstances
conditions of the case that do not excuse the action of the defendant, but may be considered with regard to reducing a charge from murder to manslaughter
Loss of control
the mens rea of the defendant is influenced by fear or an abnormality of mental functioning
Diminished Responsibility
a plea where an abnormality of the mind is used as an explanation for the defendant’s actions
Domestic violence and abuse
The government definition is ‘any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality
