Homicide Flashcards
(12 cards)
define murder
D commits murder where she, a person, unlawfully causes the death of V, also a person
–> with the intention to kill or cause GBH
AR and MR of murder
AR: satisfied by any conduct that causes the death of a person
–> D may also commit murder by omission, as long as the requirements of omissions liability are satisfied
MR: D has the intention to kill or cause GBH
–> D can only commit murder if her act or omission causing death was performed voluntarily.
Define voluntary manslaughter
where a murder charge is met with a possible partial defence
what are the 3 partial defences used to reduce conviction to VM?
- diminished responsibility
- loss of control
- suicide act
What are the 3 main requirements for loss of control? (previously known as provocation)
- the killing resulted from D’s loss of self control
- the loss of self control had a qualifying trigger
- a person of D’s sex and age, with normal toleration and self-restraint, and in the circumstances of D, might have reacted like D
Define involuntary manslaughter
Homicide lacking MR for murder, but a death is still deemed culpable, though less so
–> killing another being unlawfully but unintentionally
what are the 3 elements for IM
- must be a basic crime - unlawful
–> requires elements of an offence (MR + AR) - the basic crime must cause the death - causation
- basic act must be dangerous
what are the 3 forms of IM
- unlawful act manslaughter
- gross negligence manslaughter
- reckless manslaughter
what is unlawful act manslaughter (IM)
unlawful act + objectively dangerous + causing death
–> must have been completed by an act rather than an omission
what is gross negligence manslaughter (IM)
D causes V’s death through criminal negligence
–> DOC + BOD + serious and obvious risk + reasonable foresight+ causing death + grossly negligent
what is reckless manslaughter (IM)
- D causes V’s death due to being reckless
what is corporate manslaughter (IM)
- only for corporate bodies
- can be satisfied where a variety of acts or omissions within the corporation, combine to cause death
–> DOC + BOD+ causing death+ gross breach
