Homicide

Question 1

Can you murder an unborn baby?

Answer 1

No - not unless the baby draws its first breath.

Question 2

Jim intends to GBH Jane however kills her. This causes her baby to be born prematurely and dies. Is Jim guilty of murder?

Answer 2

No because he only intended to GBH mum, this would be manslaughter of the baby and murder of mum. If he intended to kill Mum, it would be murder of the baby.

Question 3

If i kill someone in Dubai. Can i be trialled for murder in the UK?

Answer 3

Yes because i am a British citizen.

Question 4

Under what circs would you need to seek attorney general or solicitor general permission to prosecute for murder?

Answer 4

If the victim dies more than 3 years after their injuries. It must be MORE THAN 3 years not 3 years exactly.

The defendant has already been convicted for another offence

Question 5

If I supply pills to terminally ill person encouraging them to kill themselves but actually the pills could not kill anyone and the person doesn’t die. Am I guilty?

Answer 5

Yes of encouraging or assisting suicide.

Question 6

Can intoxication be a defence to murder?

Answer 6

Voluntary intoxication could be a defence to murder but not if the defendant has become intoxicated in order to gain false courage to go and commit a crime. This is because the defendant has already formed the intent required and the intoxication is merely a means of plucking up the courage to carry the act out.

Question 7

I kill someone in revenge for killing my son. Could I rely on defence of loss of self control if it was sudden and immediate?

Answer 7

No if it was revenge I cannot rely on this

Question 8

Can individuals commit corporate manslaughter?

Answer 8

No - must be a company

Question 9

For the causing/allowing death of a child/vul adult, must the defendant live in the same house?

Answer 9

Yes or

For these purposes a person will be a member of a particular household if they visit it so often and for such periods of time that it is reasonable to regard them as a member of it, even if they do not actually live there

Question 10

If a visitor shakes a baby to death, could they be guilty of causing the death of a child?

Answer 10

No they must live there or be a regular visitor

Question 11

Do the police have a duty of care on every interaction with the public?

Answer 11

No

Question 12

To rely on the defence of suicide pact, what must the defendant show?

Answer 12

That a pact had been made

And they had the intention of dying at the time the killing took place

Question 13

With regards to vulnerable adult in the offence of causing the death of a child/vulnerable adult, what age constitutes a vulnerable adult?

Answer 13

16 or over

Question 14

Can a 15 year old commit causing the death of a child/vulnerable adult?

Answer 14

Yes if parent

Question 15

Can you solicit murder if the victim is abroad?

Answer 15

Yes - think Trump

Question 16

If you encourage someone to commit murder but they don’t bite, can you still be done for soliciting?

Answer 16

Yes

Attempted

Question 17

What is the offence if you encourage someone to kill their unborn child when born?

Answer 17

Solicitation of murder

Question 18

Can you conspire to commit murder with another police officer?

Answer 18

No

It will be solicitation of murder

Question 19

If you drive and kill someone could it be manslaughter?

Answer 19

Yes but only where there is evidence to prove that the vehicle was used as an instrument to attack but where the necessary intent for murder is absent.

Question 20

Is the loss of control defence available to a charge of attempted murder?

Answer 20

No just murder