Homicide

Question 1

Sam beats Trevor with a baseball bat intending to cause GBH injuries. Trevor later dies. Is sam guilty of murder?

Answer 1

Yes - you need the intent to either KILL or cause GBH.

Question 2

If the act (or omission to discharge their duty of care) was NOT the substantial cause of death, is the defendant guilty?

Answer 2

NO. There must be a casual link between the act and the consequent death of the victim. The chain must not be broken.

Question 3

Adam has previously suffered a head injury . The suspect wants to cause him GBH and he is punched to the head and dies because of this. Would the defendant be charged/dealt with differently?

Answer 3

NO. You must take the victim as you find them. This would be the defendants back luck.

Question 4

If a foetus is harmed whilst still in the mothers womb and therefore dies and is still born. Is this murder?

Answer 4

NO. The baby must have completely emerged into the world drawn breath before dying for it to be murder. (Unnecessary for the umbilical cord to have been cut).

Question 5

If an attacker intends to cause GBH to a mother, she gives birth and her baby dies due to this will it be possible to secure a murder conviction?

Answer 5

NO - as the attacker only intended to hurt the mother. Manslaughter would be the only possible conviction.

Question 6

If the attacker intends to kill the mother and her baby dies after birth could the defendant get a murder conviction?

Answer 6

YES - the baby must still draw breath, but if the intention was to KILL the mother then yes this would be possible.

Question 7

If a British citizen murders abroad they can be tried for murder in England and Wales. Is this correct?

Answer 7

YES - Regardless of what country the murder took place and their nationality. As long as they are a British citizen they can be tried in England and Wales.

Question 8

If A tells B that they would like to purchase a gun from B to murder C and B sells A this gun and A goes on to kill C. Will B be an accessory to murder?

Answer 8

YES - B knew the gun was being sold so that A would murder C.

Question 9

Gareth is ran over on purpose and over 3 years later he dies. Is consent required to prosecute for murder?

Answer 9

YES - the general rule is that no consent is needed. However if the victim dies more than 3 years after sustaining their injuries or the defendant has already been convicted for an offence connected with the death then consent is required from either the ATTORNEY GENERAL or the SOLICITOR GENERAL.

Question 10

What are the 3 special defences of voluntary manslaughter?

Answer 10

Diminished responsibility.
Loss of self-control.
Suicide pact.

Question 11

HUMZA puts a burning rag through a victims letterbox intending to cause arson and burn the house. The fire takes hold and kills someone. He didn’t intend to kill anyone but did intend to cause arson. What offence is he guilty of?

Answer 11

Manslaughter by an unlawful act. He intends to cause the arson and had the men’s rea for this unlawful act, the unlawful act was dangerous and a death has been caused.

Question 12

For involuntary manslaughter to be caused by gross negligence, what is defined?

Answer 12

No intent but they had a duty of care to the victim and they breached this duty of care and this resulted in the death of the victim.

Question 13

Are special defences available for attempted murder?

Answer 13

NO - these defences are only available if a victim dies.

Question 14

If one of the 3 special defences are established for murder what would the conviction be?

Answer 14

Voluntary manslaughter.

Question 15

Who bears the burden of proof to prove a special defence raised for murder?

Answer 15

Initially rests with the prosecution. If they are able to discharge this burden then it shifts to the defence to prove it.

Question 16

What is diminished responsibility

Answer 16

Someone who kills and has abnormality of mental functioning

Question 17

What is an abnormality of the mind?

Answer 17

A state of mind so different front that of ordinary human beings that a reasonable man would deem it abnormal.

Question 18

Does abnormality have to be a recognised medical condition?

Answer 18

Yes.

Question 19

Does the abnormality of the mind have to be the sole cause of the murder?

Answer 19

No. Caused or a significant factor.

Question 20

Military man kills his wife by strangling her. He admits to it but says it is diminished responsibility as he had an out of body experience, does this cover under a special defence to murder?

Answer 20

Yes - only if it is a recognised medical condition or substantially impaired their ability to use self-control and caused or was a significant factor to the act.

Question 21

What is loss of self-control?

Answer 21

When a person kills, or is party to the killing and their conduct resulted from a loss of self-control and this was a trigger to either fear of violence or they had a justifiable sense of being seriously wronged or a Normal person the same sex and age of the defendant might have reacted in the same/similar way in the circumstances.

Question 22

Does the loss of self control need to be sudden?

Answer 22

No.

Question 23

To confirm the loss of self control the defendant must -

Answer 23

Prove they lost control of their actions at the time of the killing and a qualifying trigger caused them to loose their self-control.

Question 24

For the qualifying trigger 1 of loss of self control. ‘The defendant was in fear of violence from the victim’ who is this in regards to ?

Answer 24

Themselves or another identifiable person.

Question 25

If a qualifying trigger of self control is proved what else must be established?

Answer 25

That a reasonable person of the same sex and age had been through the same experience would have acted in the same way.

Question 26

For a suicide pact does there need to be a written agreement in place between the pact members?

Answer 26

No.

Question 27

The pursuance of a suicide pact involves a common agreement that 2 or more persons have the object of the death of all parties by either killing themselves or a member of the pact killing them but at the time of the killing the survivor MUST of had .....

Answer 27

Settled intention of dying themselves.

Question 28

Under manslaughter of goss negligence, the negligence can arise from either a positive act or ....

Answer 28

An omission to act where there is a duty to do so.

Question 29

The task of defining the degree of negligence that chalices as gross will be down to the trial judge. This is a question of law, the determination of wether the conduct amounts to gross negligence will be a ?

Answer 29

question of fact for the jury to decide.

Question 30

Definition of a child?

Answer 30

Aged under 16.

Question 31

For causing/allowing the death of a child/vulnerable adult must they live at the same household?

Answer 31

No. Its not necessary for them to live with the victim as long as they visit often and for sustained periods.

Question 32

Could someone that creates a dangerous situation and then fails to act which then goes on to kill someone be guilty of murder ?

Answer 32

Yes.

Question 33

Tilly is shaken violently and dies by her mothers bf when he comes home drunk. He doesn't live there but visits often. He had previously assaulted Tilly and her mother knew this and also that he is violent when drunk. Who is guilty of causing or allowing the death of a child ?

Answer 33

Both Tilly's mother and the bf.

Question 34

DV victim kills husband. They want to rely on defence of abnormality of the mind. Must the abnormality of the mind be the sole cause of the DV victims actions ?

Answer 34

No. Just a cause and the burden of proof lies with the defence.

Question 35

Can individuals be charged with cooperate manslaughter ?

Answer 35

No it has to be a company or a force etc..

Question 36

To cause or allow the death of a child or vulnerable adult, must the defendant live in the same house hold ?

Answer 36

Yes they either live there or they visit it so often and for such periods of time that it is reasonable to regard them as a member of it.