4 - Fatal offences against the person Flashcards
(43 cards)
Lord coke definition of murder
Murder
“the unlawful killing of a reasonable creature in being and under the King’s Peace with malice aforethought, express or implied
The killing must be unlawful
It is not unlawful if it was done in self-defence, or in the prevention of crime (and the D used reasonable force)
Killing
Murder
medical term not a legal one
brain stem death
the v must die
Queen’s Peace
Murder
means that the killing of an enemy in war is not murder, unless it is a prisoner of war that has been killed.
Reasonable creature in being
Murder
**Foetus **– The child has to have an existence independt of the th mother
Brain Dead
It is probably that someone who is brain dead would not be a reasonable person in being
Year and a day rule
Originally death must have occurred within a year and a day of the unlawful act - abloished in 1996
malcherek and steel 1981
Murder
doctors are not liable for tunring off a life support machine
“Malice aforethought express or implied
Murder
direct intent to kill or cause really serious harm
oblique intenti to kill or cause really serious harm
Vickers 1957
D broke into the cellar of an old ladies sweet shop. He knew the old lady was deaf. She came down to the cellar and saw him and he punched her a few times and then kicked her in the head. She died of her injuries. Example of implied malice aforethought as he only indented GBH which resulted in death
Foresight of consequence
Murder
The D does not have the mens rea for murder unless he foresaw that he would also cause death or serious injury – foresight of consequence
Moloney 1985
D and his step father had been drinking at a party and playing “quick draw” seeing who could load the gun the quickest. Step father then said to the D “you haven’t got the guts to pull the trigger” D then did and step father was killed. D didn’t aim just pulled the trigger. Was not guilty of murder
foresieght of consiquence
2 part test for foresight of consoquence
Murder
- Was death or serious injury a virtual certainty
- D had to realise that death or serious injury was a virtual certainty
Woolin 1998
Murder
D had been feeding 3 month old baby son. Baby choked on the food and D admitted that he “lost his cool” and threw the baby towards his pram which was 3 or 4 feet away against a wall. Baby suffered head injuries and died.
virtual certainty
Voluntary manslaughter
- Diminished responsibility – Homicide Act 1957
- Loss of control – Coroners and Justice Act 2000
that if one of these defences is successful then the offence of murder is reduced to manslaughter
Loss of control
voluntary manslaughter
Loss of Control replaced the old defence of provocation
Loss of control is under s54 Corners’ and Justice Act 2009
Requirements for loss of control
voluntary manslaughter
These 3 points have to be proved:
* D must have lost self control
* There must be a qualifying trigger
* A person of the same sex and age would have reacted in the same way as the D in the circumstances
loss of self control
voluntary manslaughter
D must have lost self-control when doing the acts which caused death
The loss of self control does not have to be sudden – s54
Ahluwalia 1992
voluntary manslaughter
D had been abused by husband for many years. He threatened her with violence the next day and went to bed. D waited until her husband was asleep, poured petrol on him and set him alight. He died several days later
She wasn’t at the time allowed defence of provocation because she hadn’t lost control immediately however under the new defence of loss of control she would have been allowed to claim loss of self control
qualifying triggers
voluntary manslaughter
s55 of the Act sets out the qualifying triggers
1) D’s fear of serious violence from V against D
Martin 2002 – burglars
Ahluwalia 1992
2) A thing done or said which:
a) Constituted circumstance of an extremely grave character and
b) Caused D to have a justifiable sense of being seriously wronged
Zebedee 2012
D lost control with his 94 year old father with Alzheimers and killed him. Tried to claim loss of control but not allowed and was convicted of murder as it didn’t fit with either of the two categories above.
Loss of Control – Excluded Matters
voluntary manslaughter
**Sexual Infidelity is not a qualifying trigger **(despite it being allowed under the old defence of provocation)
It however can be taken into account in the circumstance surrounding fear of violence or things said or done
Clinton 2012
Suffered from depression and was on medication. Killed his wife the day after she told him she was having an affair. She also taunted him showing him websites on how to commit suicide.
Allowed to claim loss of control as the sexual infidelity was only part of the circumstance
Loss of Control – Excluded Matters -Desire for Revenge
voluntary manslaughter
Defence is not allowed if the D acted in a considered desire for revenge
If D had time to consider revenge then acted he cannot claim loss of control
standard of self control
voluntary manslaughter
Defence is not allowed if the D acted in a considered desire for revenge
If D had time to consider revenge then acted he cannot claim loss of control
Circumstances
voluntary manslaughter
Circumstances can be taken into consideration in deciding whether a normal person might have reacted in the same way
