Chapter 3- Homicide

Question 1

Divisions of manslaughter

Answer 1

Voluntary- diminished responsibility/ loss of control

Involuntary- gross negligence/ unlawful and dangerous act

Question 2

Actus Reus elements of homicide

Answer 2

Unlawful killing of a human being within the queens peace

Question 3

Exceptions of murder in human beings

Answer 3

Coma V as they are not alive
MALCHEREK

vegetive state coma V if withholding treatment is in patients best interest
AIREDALE TRUST NHS

RE M 2011 - patients which retain some consciousness can be murdered as their sense of life has some positive experiences

Question 4

What does within queens peace mean

Answer 4

Everyone killed is within the queens peace unless they are enemies killed in the heat of battle

Question 5

Mens rea of murder

Answer 5

Just the intention to kill or cause grievous bodily harm

Even if D intended to only harm but killed will still have mens rea of murder

Question 6

If D has mens rea of murder but law regards killing as partly excused what is this referred to?

Answer 6

Voluntary Manslaughter

Question 7

Purpose of amendments in 2010 to the coroners and justice act 2009

Answer 7

Abolish defence of Murder provocation and replace with ‘loss of control’ defence

Question 8

D factors to prevent conviction of murder under diminished responsibility

Answer 8

1) suffering from abnormalities of mental health;
(Byrne, state of mind so different from that or ordinary human beings that reasonable man deem abnormal)

2) Which arose from recognised medical condition;
(E.g clinical depression, schizophrenia, Asperger syndrome) LINDO

3) Which impaired their ability to understand their conduct and rational judgment or self control
(Substantial impairment of mental responsibility)

4) which provides explanation to the killing in the sense of being the cause or contributory factor;

Question 9

Exceptions to demonised responsibility

Answer 9

Lack of maturity
Low iq
Emotional conditions like jealousy

Question 10

Preliminary points of diminished responsibility

Answer 10

Burden of proof is on the D

There must be medical evidence to support the plea

Question 11

Dowds case

Answer 11

Voluntary intoxication cannot be considered diminished responsibility

Question 12

3 situations to consider when looking at diminished responsibility defence

Answer 12

D is extremely drunk cannot be used as defence

Dietschmann where D has mental illness but is intoxicated jury to decide if D illness would still have impaired their decision without drugs

Stewart where D metal illness causes them to be intoxicated (dependency), jury are to consider both elements separately

Question 13

Two limbed approach to loss of control defence

Answer 13

1- D kills after suffering loss of control attributed to violence from the V

2- where D losses control as a result of things done or said which caused D to have justifiable sense of being seriously wronged.

Prosecution must disprove defence.

Question 14

S54(1) CorJA2009 where D kills or is a party to the killing of the V, D is not to be convicted of murder IF…

Answer 14

D acts on omissions in doing or being a party to the killing resulted from D loss of self control

The loss of self control had qualifying trigger

A person of D sex and age with a normal degree of tolerance and self control would have reacted in the same or in similar way to the D

Question 15

Definition of loss of control Jewell

Answer 15

Loss of the ability to act in accordance with considered judgment or loss of normal powers of reasoning

Question 16

Qualifying triggers for loss of control

Answer 16

1) Fear if serious violence from V against D
2) A thing or things done or said which constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged

Question 17

Identify an exemption to the qualifying triggers

Answer 17

S55(6)(c) infidelity does not fall within qualifying criteria if it is the only factor for loss of control. However if it forms part of loss of control it can be considered

Question 18

Definition involuntary manslaughter

Answer 18

D mens rea is less than that required for murder

Question 19

3 elements prosecution must prove for involuntary manslaughter

Answer 19

That there was an unlawful act

Which was dangerous

And caused the V death

Question 20

Unlawful act points Manslaughter

Answer 20

which is a criminal offence FRANKLIN

All elements of Actus Reus and Mens Rea must be proved LAMB

It is not possible to construct an unlawful act of manslaughter from a criminal offence.

The conduct must involve an act. LOWE

Question 21

Of a dangerous kind points

Answer 21

Act must be dangerous and there must be a risk of injurY LARKIN

If risk of injury was not apparent at the time of the event D must be acquitted DAWSON.

Question 22

Church test

Answer 22

Such as all sober and reasonable people would inevitably recognise must subject the other person to at least the risk of some harm resulting therefrom.

Question 23

What is required as proof for gross negligence manslaughter (5points)

Answer 23

Conduct - doesn’t have to be an act. Can be omission does not have to be unlawful

D owed V a duty of care- WACKER also failure to act GEMMA EVANS

Creation of a risk of death by breach of duty ADOMAKO

The conduct causes death accordingly to principles of causation

Further element that supplies the requisite degree of fault which makes it gross negligence. (BATEMAN- conduct of D was so bad in all circumstances as to amount in their judgment to a criminal act)

Question 24

Case of rudling

Answer 24

Doctor was D and charged with gross negligence manslaughter due to illness where kid was told to wait past the weekend for treatment but died in the weekend

The case did not succeed as the judge ruled a reasonably competent GP would have foreseen an assessment might have revealed something life threatening and this is not the same as recognising risk of death.

Question 25

Purpose of corporate manslaughter and corporate homicide act 2007 (CMCHA)

Answer 25

Legislation attempts to resolve longstanding difficulties in bribing prosecutions for manslaughter under the common law when death was caused by the acts or omissions of a company.

Question 26

Purpose of S5 domestic violence, crime and victims act 2004

Answer 26

To protect vulnerable adults and children from harm from parents, or parent and boyfriend / girlfriend.

The act states a parent or carer has a duty not only to refrain from abuse but notably to prevent another from doing so.
14 years imprisonment

Question 27

5 offences of vehicular homicide

Answer 27

Death by dangerous driving (S1 RTA)

Death by careless or inconsiderate driving (S2B RTA)

Death by careless driving whilst under the influence (S3A RTA)

Death by unlicensed, unqualified or disqualified driving (S3ZB RTA)

Death by aggravated vehicle taking (S12A theft act)

14 years imprisonment