Homicide Flashcards
What is the actus reus of all homicide offences?
Unlawfully causing the death of another.
What separates the homicide offences is the men’s rea. The actus reus is the same.
What is the mens rea of murder?
‘Malice aforethough’ - the intention to kill or cause GBH
What are the two types of voluntary manslaughter?
Diminished responsibility; and
Loss of control
What is the mens rea for voluntary manslaughter?
Intention to kill or cause GBH
What are the four elements that need to be satisfied for diminished responsibility?
(i) An abnormality of mental functioning; which
(ii) arose from a recognised medical condition; and
(iii) impaired D’s ability to understand their conduct; and
(iv) provides an explanation for their act
Who has the legal burden of proof of diminished responsibility? What is the burden?
The burden is on the defendant to prove the defence on the balance of probabilities
When can intoxication be considered in an argument for diminished responsibility?
If the defendant suffered from alcoholism and the alcohol consumed resulted in them killing V, they can plead diminished responsibility.
Alcoholism would be deemed a recognised medical condition.
What would determine a ‘substantial impairment’ of a defendant’s ability to…
(i) understand the nature of their conduct;
(ii) form a rational judgement; or
(iii) exercise self-control
Substantial is determined on a case-by-case basis.
What are the three elements of a loss of control?
(a) D must lose self-control;
(b) loss of control must have a qualifying trigger; and
(c) someone of D’s sex and age, with a normal degree of tolerance and self-control, would have reacted in a similar manner
How is ‘loss of control’ itself, assessed?
Must be subjectively proven that D themselves lost control.
It doesn’t need to be sudden, e.g. it can be a snap reaction or a reaction to a build-up of events (e.g. an abused wife)
What nullifies a loss of control claim?
Any pre-meditation or considered desire for revenge will often mean a defendant hasn’t lost self-control
What is the ‘qualifying trigger’ for a loss of control claim?
Loss of control must be motivated by either:
Fear; and/or
Anger
What is necessary for the anger trigger in loss of control? How is it assessed?
Loss of control attributable to things said or done that resulted in a justifiable sense of being seriously wronged;
Assessed objectively by the judge.
How is sexual infidelity considered when assessing the anger trigger?
Where sexual infidelity is the only provocation, it is excluded.
However, if it forms an essential part of the context related to other triggers, it may be considered.
How is ‘similar reaction of a person of the same age and sex’ assessed?
Objectively, will consider the defendant’s circumstances and how a normal person (with their external circumstances) would react.
E.g. if D had a short temper, this would not be considered.
