Homicide

Question 1

What is homicide and what 2 offences does it include?

Answer 1

The unlawful killing of one human being by another.
1) Murder
2) Manslaughter

Question 2

What does murder require?

Answer 2

Both Actus Reus and Mens Rea

Question 3

What are the two types of manslaughter with brief explanation?

Answer 3

1. Voluntary Manslaughter - Partial defences reduce liability from murder
2. Involuntary Manslaughter - Liability arises without intent to kill (through gross negligence or unlawful acts)

Question 4

What is the modern definition of murder?

Answer 4

Unlawful killing of a person under the King’s peace with the intent to kill or cause grievous bodily harm (GBH)

Question 5

What does the MR for murder require?

Answer 5

• Intention (direct or oblique)
• Malice aforethought (encompasses intent to kill or cause GBH; premeditation is not required)

Question 6

What 2 special issues in murder are currently unlawful in England and Wales?

Answer 6

1. Mercy Killings
2. Euthanasia

Question 7

What is the key case on mercy killing?

Answer 7

R v Inglis (2010) EWCA

Question 8

For voluntary manslaughter, what are the 3 partial defences to murder and their corresponding acts?

Answer 8

1) Loss of self-control - Coroners and Justice Act 2009

2) Diminished responsibility - Homicide Act 1957

3) Suicide Pact - Homicide Act 1957

Question 9

What is meant by loss of self-control?

Answer 9

Losing control due to a qualifying trigger - fear or violence or things said/done

Question 10

What is meant by diminished responsibility?

Answer 10

Requires an abnormality of mental functioning arising from a recognised medical condition

Question 11

What are the 3 general defences to murder?

Answer 11

1. Self-defence = D must use reasonable and proportionate force
2. Insanity = Requires D to be unable to understand the nature of their act under the M’Naghten Rules
3. Intoxication = May negate intent but rarely succeeds in murder cases

Question 12

What are the two main sentences for murder?

Answer 12

1) Mandatory Life sentence = Minimum tariff typically 15 years

2) Whole life orders = Reserved for heinous crimes (not eligible for parole)

Question 13

What were the reform proposals by the law commission 2006?

Answer 13

Instead of a two-tier structure of general homicide offences (murder and manslaughter), there should be a three-tier structure (like in the US)

Question 14

What is the definition of voluntary manslaughter?

Answer 14

When D satisfies both AR and MR for murder, but a partial defence reduces the liability to manslaughter

Question 15

What are the 3 key elements for LoC (loss of control)?

Answer 15

1) D’s acts resulted from aloss of self-control

2) The loss of control had aqualifying trigger

3) A person of D’ssex and age, with a normal degree of tolerance and self-restraint, in D’s circumstances, might have acted similarly - (reasonable person standard)

Question 16

What 2 things must the loss of control be with key cases?

Answer 16

1. Must be genuine (subjective test) - Jewell (2014)
2. Need not be sudden - Ahluwalia (1992)

Question 17

What are the qualifying triggers for LoC?

Answer 17

• Fear of serious violence (subjective test)
• Things said or done of extremely grave character causing a justifiable sense of being seriously wronged (mixed subjective/objective test)

Question 18

What are the four key elements of DR (diminished responsibility)?

Answer 18

1) Abnormality of mental functioning

2) Recognised medical condition

3) Substantial impairment

4) Abnormality must provide a casual explanation for the killing

Question 19

What must the substantial impairment for DR be of?

Substantial impairment of:

Answer 19

• Understanding conduct
• Forming rational judgement
• Exercising self-control

Question 20

Who does the laws of LoC protect + exclude?

Answer 20

Protects those acting under extreme emotion but excludes revenge or calculated actions

Question 21

What are reform issues surrounding LoC and DR?

Answer 21

• Vagueness in the “justifiable sense of being seriously wronged” (LoC)

Restriction of DR due toGoldsinterpretation of “substantial”

Question 22

What is involuntary manslaughter?

Answer 22

Where D causes V’s death but lacks specific intention required for murder (intent to kill of cause GBH)

Question 23

What are the three main categories of involuntary manslaughter?

Answer 23

1) Unlawful Act Manslaughter (UAM)– also called constructive manslaughter

2) Gross Negligence Manslaughter (GNM)

3) Reckless Manslaughter– less common.

Question 24

What 3 elements must the prosecution prove to establish UAM (AR)?

Answer 24

1. An unlawful act - D must commit a criminal act, not merely tort or omission
2. The act was dangerous - It must pose a risk of “some harm” to V (assessed objectively)
3. The act caused V’s death - standard causation principles apply

Question 25

What is the objective test for a dangerous act?

Answer 25

Per Church, "all sober and reasonable people" must recognise the act poses a risk of some harm

Question 26

What are the 4 key elements of gross negligence manslaughter (GNM) as per Adomako (1995)?

Answer 26

1) D owed V a duty of care 2) D breached that duty 3) The breach caused V's death 4) The breach was grossly negligent, justifying criminal liability

Question 27

What are 3 examples of duty of care in GNM with corresponding case examples?

Answer 27

1. Doctor-Patient (Adomako [1995]) 2. Employer-Employee (Dean [2002]) 3. Dangerous situations (Evans [2009])

Question 28

What is reckless manslaughter?

Answer 28

Where D is reckless as to causing death or GBH but does not meet the criteria for UAM or GNM

Question 29

What is corporate manslaughter?

Answer 29

Refers to situations where an organisation is held criminally liable for a person's death due to serious management failings

Question 30

What legislation governs corporate manslaughter?

Answer 30

Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007)

Question 31

What 4 things need to be established for an organisation to be guilty of corporate manslaughter?

Answer 31

1) Duty of care 2) Gross breach of duty 3) Senior management failure 4) Causation

Question 32

Who do organisations owe a duty of care to?

Answer 32

- Employees - Customers - The public (premises liability)

Question 33

What do courts base whether a duty of care exists on (CM) (mentioning the case)?

Answer 33

Courts assess whether a duty exists based on Caparo Industries plc v Dickman (1990) - Foreseeability - Proximity - Reasonableness

Question 34

What 4 factors does the jury consider for gross breach of duty (in CM)?

Answer 34

- How serious the failure was - Risk of death posed - Breaches of health and safety laws - Any organisational culture encouraging non-compliance

Question 35

What is the senior management's involvement in CM?

Answer 35

The failings must be linked to senior management, meaning those who play a significant role in decision-making (strategic or operational) - Includes directors, board members, or those controlling a substantial part of the company

Question 36

What 4 organisations are covered under CMCHA 2007?

Answer 36

Liability applies to: - Corporations (e.g., companies, local authorities, NHS bodies) - Public bodies (e.g., government departments) - Police forces - Partnerships and trade unions (where they act as employers)

Question 37

What are the 3 main penalties for corporate manslaughter?

Answer 37

1. Unlimited fines - The Sentencing Guidelines suggest fines range from £180,000 to £20 million, depending on factors like company size and severity 2. Remedial orders - Courts can order changes to workplace policies and structures 3. Publicity orders - Requires companies to publicise their conviction

Question 38

What are the 3 key differences between CM and GNM?

Answer 38

1) CM = targets organisations 1) GNM = targets individuals 2) CM = requires systematic failings 2) GNM = requires personal recklessness or negligence 3) CM = Penalties: fines, remedial/publicity orders 3) GNM = Penalties: imprisonment, fines

Question 39

What are the 3 main challenges in prosecution for corporate manslaughter?

Answer 39

1. Difficulties in proving senior management failure (large organisations may decentralise responsibility) 2. High threshold for gross breach (must be far below reasonable standards) 3. Slow enforcement (few convictions despite major workplace deaths)