Topic A - Homicide

Question 1

Fatal Offence

Answer 1

Such an offence involves the death of a person

Question 2

Homicide

Answer 2

The killing of a human being

Question 3

Common law

Answer 3

law developed by judicial decisons

Question 4

Human being

Answer 4

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

Question 5

Transferred Malice

Answer 5

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

Question 6

Double Jeopardy Rule

Answer 6

Allows suspects to be retried for an offence if there is new evidence available

Question 7

Actus reus

Answer 7

the guilty act part of a crime

Question 8

Mens rea

Answer 8

the guilty mind part of the crime

Question 9

Chain of causation

Answer 9

an unbroken link in the actus reus from the initial act or omission to the end result - the victim’s death or injury

Question 10

Novus actus interveniens

Answer 10

an intervening event which will beak the chain of causation

Question 11

Factual causation

Answer 11

The principle that the action of the defendant caused the harm

Question 12

Legal causation

Answer 12

The examination of an action to see if it contributed to harm

Question 13

Intervening event

Answer 13

An event that breaks the chain of causation, sometimes referred to as ‘novus actus interveniens’

Question 14

Direct Intent

Answer 14

the purpose or desire to cause harm

Question 15

Indirect (or oblique) intent

Answer 15

A defendant states that they did not intend to cause death but in fact believed that death was virtually certain

Question 16

Law Commission

Answer 16

A statutory, independent body created to review the law in England and Wales

Question 17

Partial Defence

Answer 17

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

Question 18

Manslaughter

Answer 18

A homicide that is not classed as murder. There are two categories of manslaughter - voluntary and involuntary

Question 19

Casual link

Answer 19

the same principle as causation, there must be a link between the actus reus and the result

Question 20

Mitigating circumstances

Answer 20

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

Question 21

Loss of control

Answer 21

the mens rea of the defendant is influenced by fear or an abnormality of mental functioning

Question 22

Diminished Responsibility

Answer 22

a plea where an abnormality of the mind is used as an explanation for the defendant’s actions

Question 23

Domestic violence and abuse

Answer 23

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