Homicide Flashcards
What is murder?
Unlawful killing of a human being under the kings peace with malice afterthought.
What is voluntary manslaughter - diminished responsibility?
Diminished responsibility - MUST BE PROVEN BY DEFENCE on balance of probabilities.
If suffering from an abnormality of mental functioning which arose from a recognised medical condition which substantially impaired d’s ability and provides an explanation.
To prove voluntary manslaughter - diminished responsibility?
4 factors
1. Abnormality of mental functioning - balance of probabilities on defendant
2. Arising from a recognised medical condition - NOT DRINKING
3. Substantial impairment of D’s ability
4. Must provide an explanation - doesn’t have to be the only one
What has to prove voluntary manslaughter loss of control?
Prosecution need to prove once raised, only need one of the components to be absent for the defence to fail.
What are the elements of loss of control - voluntary manslaughter?
- Must be a loss of control - need not be sudden - can be a time gap - NOT REVENGE- doesn’t have to be a complete loss of control
2.Qualifying trigger -
- Fear some serious violence - should be reasonable
- Anger trigger - NOT SEXUAL INFIDELITY - extremely grave, and cause a sense of being wronged. - Normal person test
- Whether as a result of trigger a normal person may have done what the defendant did
- Test for determining proportionality of action is objective, cant take into account any person things like intoxication.
What is involuntary manslaughter - unlawful act?
A lack of malice afterthought - so a lack of mens rea. PROSECUTION MUST PROVE
What are the factors of unlawful act manslaughter?
4 factors
1. Defendant intentionally did an act - not an intention for the consequence. CANT BE AN OMMISSION
2. Act was unlawful
3.Unlawful act was dangerous, OBJECTIVE TEST - church, Harm a reasonable person would foreseen, and what a reasonable person in that situation would see, RECOGNISE SOME HARM
4.Unlawful act caused the death of the victim - IF DRUG WAS GIVEN AND ADMINISTERED BY THE VICTIM, would not be found guilty of this.
What is gross negligence manslaughter?
D has breached a duty of care owed to the victim. The negligence must show such disregard for life and safety to amount to a crime.
What are the elements of gross negligence manslaughter?
Elements of a duty of care
Breach of that duty - below a reasonable person
Breach causes death
There was a risk of death - NOT JUST INJURY BUT DEATH
That breach of duty was so bad as to amount to gross negligence
How does intoxication affect homicide?
Defendant can use evidence of intoxication to show that they did not form necessary mens rea.
Intoxication and loss of control?
Loss of control - if a sober individual would have behaved in same way will not be deprived of defence.
Intoxication and diminished responsibility?
If intoxication is independent of intoxication - then jury should ask whether despite that drink they were suffering an abnormality of mental functioning - and his mental abnormality substantially impaired his mental responsibility
