Homicide

Question 1

what two ways can manslaughter be defined?

Answer 1

voluntary

involuntary

Question 2

what can be classed as voluntary manslaughter?

Answer 2

loss of control

diminished responsibility

suicide pact

Question 3

what can be classed as involuntary manslaughter?

Answer 3

gross negligence

reckless

unlawful and dangerous acts

Question 4

what are statutory homicide offences?

Answer 4

causing or allowing the death of a vulnerable child or adult
Domestic Violence, Crime and Victims Act 2004

causing death by driving
Road Traffic Act 1988

causing death by aggravated vehicle taking
AV-T 1992

infanticide/ child destruction

Question 5

where can early examples of murder recognised as a crime be recognised?

Answer 5

petty treason

murder act 1751

Lord Coke 1600 in ‘Institutes’

Question 6

where can the basis of provocation be found?

Answer 6

Dorset Hunters case 1570

house owner confronted by hunters in a forrest - killing of the hunters would allow the plea of provocation

Question 7

what act meant that causing death was no longer automatically murder if it occurred in the course of committing another offence?

Answer 7

S.1 Homicide Act 1957

ex// rape

Question 8

what offence highlights the contrary to s.1 HA 1957?

Answer 8

defendant commits murder if they inflicted GBH that caused death

Question 9

what cases showed that GBH causing constitute murder?

Answer 9

R v Vickers 1957 - gbh

R v Cunningham 1982 - broken arm

Question 10

what are the constructive elements of murder?

Answer 10

AR - causing death

MR - intention to kill or cause GBH

Question 11

what did Lord Steyn argue that the current MR requirement in murder creates?
(Powell and English 1997)

Answer 11

‘results in defendants being classified as murderers who are not in truth murderers’

Question 12

how was direct intention for murder described in R v Maloney?

Answer 12

judge should avoid any elaboration or paraphrase of what intention is

leave it to jury’s good sense

UNLESS judge is convinced that further explanation/ elaboration is required and necessary to avoid misunderstanding

Question 13

what test applies to intention for homicide offences?

Answer 13

Nedrick/Woollin tests

Question 14

what did the court hold that the jury could consider aswell as the seriousness of the injuries to determine whether serious harm was intended?

where?

Answer 14

characteristics of the victim

R v Bollom

Question 15

what is the mandatory sentence for murder?

what is the average time spent in prison?

Answer 15

life sentence

15.5 years

Question 16

what does the law commission constitute First Degree murder?

Answer 16

intention to kill or at least intention to do serious injury

Question 17

what does the law commission constitute Second Degree murder?

Answer 17

intention to cause some injury or risk of injury
intention to do serious injury
intention to kill with duress/ diminished responsibility/ loss of control

Question 18

what case found that gross negligence manslaughter was not incompatible with the ECHR?

why was it accused of being incompatible?

Answer 18

R v Misra and Strivastava

Adomako test circular and conflicted with art.6 and art.7

Question 19

what happened in Adomako?

what question was produced in Adomako (1995) for gross negligence manslaughter?

Answer 19

V died when anaesthetist failed to observe that Vs mouth had become detached from the ventilator

was Ds conduct so bad in all the circumstances as to amount to a criminal act or omission?

Question 20

why was there no conviction for gross negligence manslaughter in Rose (2017)?

Answer 20

D could not be convicted as it was the performance of the act that they failed to perform which would have given rise to the recognition that they needed to act

optometrist failing to inspect back of victim’s eye which later caused them to die

Question 21

what did the courts describe the question of duty of care in Evans (2009)?

Answer 21

a question of law for the judge to determine in the given context

Question 22

what is a key case for Reckless manslaughter?

what happened in the case?

Answer 22

Lidar 1999

D drove off while Vs head was still in the car and rear wheel crushed V killing them

Question 23

what must the jury be convinced of in order to establish a conviction of reckless manslaughter?

Answer 23

aware of the necessary degree of risk of serious injury to V but nevertheless chose to disregard it, or was indifferent to it

Lidar 1999

Question 24

what does gross negligence manslaughter require?

what does reckless manslaughter require?

Answer 24

GN requires D to see a possible risk of death that they did not avoid

foresight of possible serious harm or possible death

Question 25

what is unlawful and dangerous acts manslaughter?

Answer 25

where the committal of another offence leads to the killing of another (not GBH)

Question 26

what happened in the unlawful/ dangerous act manslaughter case of Mitchell 1982?

Answer 26

minor assault led to a manslaughter conviction

Question 27

what did the Church (1966) case determine that the unlawful act in U/DA manslaughter must be?

Answer 27

'such that all sober and reasonable people recognise must subject the other person to, at least, the risk of some harm' 'albeit not serious harm'

Question 28

what did the Dawson (1985) case determine the type of harm must be in a U/DA manslaughter conviction?

Answer 28

risk of physical harm | emotional shock alone is insufficient

Question 29

what happened in the U/DA manslaughter case of Watson 1989? why was the conviction made?

Answer 29

D threw brick through Vs house window, who was seriously ill and elderly D entered the house and verbally assaulted V V later died from the trauma of the burglary Ds act had constituted to an unlawful act and D had knowledge of Vs state throughout, highlighting the risk

Question 30

why was the Meeking (2012) case found to be a conviction of U/DA manslaughter? what would it have otherwise been?

Answer 30

activation of handbrake when car was moving was contrary to the Road Traffic Act 1966 'obvious to a reasonable person that it would have been dangerous' gross negligence BUT fell short of requirement to foresee death

Question 31

why was burglary considered a dangerous act which constituted to U/DA manslaughter in Bristow (2013)?

Answer 31

D aware of the circumstances surrounding the commission of the act foresight of intervention by V to prevent Ds escape

Question 32

what was the precedent set in relation to uninsured cars in relation to U/DA manslaughter in R v Williams?

Answer 32

that D does not have to be the factual cause of the death was not under influence of drugs/alcohol liable because death had been caused and Ds car was uninsured

Question 33

what case overrode the precedent in R v Williams - U/DA manslaughter and uninsured cars?

Answer 33

R v Hughes no longer strict liability must be legal causation/ a fault element - contribute in more than minimal way to death BUT does not need to be the principle cause of death

Question 34

what case established that merely some harm being foreseeable from the commission of an U/DA in order to establish U/DA manslaughter?

Answer 34

R v M (J) and Another 2012 D did not need to foresee that the suffering of a renal artery aneurysm was likely/possible

Question 35

what are theoretical and moral considerations for the offence of U/DA manslaughter?

Answer 35

'one punch' manslaughter often seen as unfair - lack of intention fact that life was taken overrides the existence of direct intention outcome of death is the sole reason for increased severity of death despite it not being foreseen

Question 36

what was the Law Commission proposal in 1996 for the offence of U/DA manslaughter?

Answer 36

that D intended or foresaw the injury to the victim | risk of death or serious injury must be obvious

Question 37

how did the government respond to the perceived severity of the offence in 2000 U/D A manslaughter? why could this be problematic?

Answer 37

'anyone who embarks on the course of illegal violence must accept the consequences, even if the consequences are unforeseeable' creation of new offences existence of offences ex// Serious Crime Act 2015 s.79 - projecting any article/substance into a prison

Question 38

what were the proposed areas of review for Homicide review mentioned by the Law Commission in 2004?

Answer 38

the mess of the current organisation elements that make up the substantive offence what the current exclusions are the sentencing regime

Question 39

how many respondents in Mitchell and Robinson's investigation held that sentencing for murder was 'about right'?

Answer 39

1/5

Question 40

what did Mitchell and Roberts' survey find to be the most important reason for sentencing?

Answer 40

35% found that it was punishment (for all offences) | 40% for murder specifically

Question 41

what did Mitchell and Roberts' scenario questions find?

Answer 41

nature, intention, reasoning and foresight of the act were all important factors of consideration that generated the form of sentencing they would give