Homicide and the Partial Defences to Murder Flashcards
(119 cards)
1
Q
What is generally regarded as one of the most heinous crimes?
A
The unlawful killing of a person.
2
Q
What term is used as a generic term for unlawful killings in English law?
A
Homicide.
3
Q
What are the most commonly reported homicide offences?
A
- Murder
- Manslaughter
4
Q
What types of manslaughter exist?
A
- Voluntary manslaughter
- Unlawful act manslaughter
- Gross negligence manslaughter
- Corporate manslaughter
5
Q
What is the most serious homicide offence in England and Wales?
A
Murder.
6
Q
What is the proposed change to the classification of homicide offences by the Law Commission?
A
To address the wide range of behavior covered under the offence of murder.
7
Q
What must be established for an actus reus of homicide?
A
The accused must have caused the death of a human being.
8
Q
What is required for a victim to be considered a human being in homicide cases?
A
The victim must be wholly expelled from the mother’s body and alive.
9
Q
What is the significance of the case R v Poulton (1832)?
A
It clarified that a child must have an independent existence to be protected under homicide law.
10
Q
In what situation can a defendant be liable for homicide if the death occurs after an assault on an unborn child?
A
If the child is born alive and then dies as a result of the injury.
11
Q
What is the legal definition of death according to R v Malcherek and Steel?
A
The irreversible death of the brain stem.
12
Q
What constitutes unlawful homicide?
A
The death of the victim is unlawfully caused.
13
Q
What must the prosecution prove in homicide cases regarding causation?
A
The defendant was both the factual and legal cause of the victim’s death.
14
Q
What is the mandatory sentence for a conviction of murder?
A
Life imprisonment.
15
Q
What is Coke’s classic definition of murder?
A
The unlawful killing of a reasonable creature in being under the Queen’s peace with malice aforethought.
16
Q
What must the actus reus of murder establish?
A
The defendant caused the death of a human being under the Queen’s peace.
17
Q
What does the mens rea of murder require?
A
Malice aforethought.
18
Q
What is the more accurate definition of mens rea for murder according to R v Moloney?
A
An intention to kill or an intention to cause grievous bodily harm.
19
Q
What are the two types of intention in criminal law?
A
- Direct intention
- Indirect (oblique) intention
20
Q
What is the requirement for a defendant to be guilty of murder?
A
The actus reus and mens rea must be established.
21
Q
What does the case R v Ahluwalia (1993) illustrate about murder and manslaughter?
A
It shows the complexity of culpability in cases of provocation and domestic violence.
22
Q
What was the outcome of the case R v Martin (Anthony) regarding self-defense?
A
It highlighted issues related to self-defense in the context of repeated burglary.
23
Q
What was the outcome of Ahluwalia’s conviction for murder?
A
Reduced to manslaughter
Ahluwalia’s case highlighted issues in how courts deal with domestic violence.
24
Q
What is the significance of the case R v Martin (Anthony) [2002]?
A
Martin shot a fleeing burglar and was morally culpable despite public sympathy
Demonstrates that self-defence is not applicable when the victim is not an immediate threat.
25
What are the two types of manslaughter?
* Voluntary manslaughter
* Involuntary manslaughter
26
What are the three special situations that lead to voluntary manslaughter?
* Diminished responsibility
* Loss of control
* Suicide pact
27
Are the partial defences of diminished responsibility, loss of control, and suicide pact considered true defences?
No, they are partial defences
## Footnote
Even if successful, the accused is still liable for manslaughter.
28
What is the significance of being found guilty of manslaughter instead of murder?
The judge has discretion in sentencing and can impose less severe penalties.
29
What did the Law Commission recommend regarding the definitions of diminished responsibility and provocation?
To change the definitions and replace provocation with 'loss of control'
## Footnote
This was part of the reform efforts in murder and manslaughter law.
30
What is the rationale behind the defence of diminished responsibility?
Defendant was suffering from a recognised medical condition providing partial excuse for their actions.
31
What is the burden of proof for a defendant claiming diminished responsibility?
On a balance of probabilities
## Footnote
This means more than 50% likelihood.
32
What does section 52(1) of the Coroners and Justice Act 2009 state about diminished responsibility?
D is not to be convicted of murder if suffering from an abnormality of mental functioning from a recognised medical condition.
33
What are the four elements that must be established for diminished responsibility?
* Abnormality of mental functioning
* Arising from a recognised medical condition
* Substantially impaired ability to understand conduct
* Provides an explanation for acts and omissions
34
What does 'abnormality of mental functioning' mean?
A state of mind so different from ordinary humans that it is considered abnormal.
35
What is a 'recognised medical condition' in the context of diminished responsibility?
A condition acknowledged by medical experts, such as schizophrenia or alcohol dependence syndrome.
36
Can a defendant plead diminished responsibility if their abnormality of mental functioning was triggered by voluntary intoxication?
No, unless they have a recognised medical condition like alcoholism.
37
What was the ruling in R v Dietschmann regarding diminished responsibility and intoxication?
Abnormality of mind does not need to be the sole cause of the defendant's acts.
38
What does the Court of Appeal state in R v Wood regarding voluntary alcohol consumption?
Voluntary consumption does not preclude the defence of diminished responsibility if the defendant has a medical condition.
39
What is the relationship between voluntary intoxication and diminished responsibility as explained in R v Dowds?
Voluntary acute intoxication cannot be relied upon for diminished responsibility.
40
What must the jury focus on when considering a defendant with alcohol dependence syndrome who commits murder while intoxicated?
The effect of alcohol consumed as a result of their illness, not the voluntarily consumed alcohol.
41
What is the definition of 'substantial impairment' in the context of diminished responsibility?
The defendant's ability to understand their conduct, form rational judgment, or exercise self-control is significantly affected.
42
What is the partial defence of diminished responsibility?
A defence that reduces murder to voluntary manslaughter if successfully proved on the balance of probabilities.
43
Does the abnormality of mind need to be the sole cause of the defendant’s acts in diminished responsibility?
No, it does not need to be the sole cause.
44
What must the jury focus on if the defendant has alcohol dependence syndrome and is intoxicated at the time of murder?
The effect of the alcohol consumed as a result of their illness, disregarding voluntary consumption.
45
What does 'substantial impairment' refer to in the context of diminished responsibility?
The impairment of the defendant’s ability to understand their conduct, form a rational judgment, or exercise self-control.
46
How did R v Lloyd define 'substantial' impairment?
'More than trivial or minimal.'
47
What did the Supreme Court conclude in R v Golds regarding the meaning of 'substantial'?
'Important or weighty.'
48
What are the three abilities that must be substantially impaired under s 2(1A) of the HA 1957?
* Understand the nature of their conduct
* Form a rational judgment
* Exercise self-control
49
What is required for the abnormality of mental functioning in diminished responsibility?
It must provide a causal link to the killing.
50
For the partial defence of diminished responsibility to succeed, what must be established about the mental abnormality?
It must have been a significant contributory factor in causing the defendant's actions.
51
What is the relationship between diminished responsibility and legal insanity?
Diminished responsibility is a partial defence to murder; insanity is a complete defence applicable to any crime.
52
What does the defence of insanity require the defendant to prove?
That they were suffering from a 'disease of the mind' causing a 'defect in reason.'
53
What is the significance of the case M’Naghten’s Case (1843)?
It established the legal definition of insanity.
54
What is the rationale behind the defence of loss of control?
It acknowledges that circumstances may push individuals to lose self-control.
55
What are common examples of situations that may lead to a loss of control defence?
* Reaction to racial taunts
* Insults to family members
* Discovering infidelity
56
What are the two tests that historically defined provocation?
* Subjective test: Was the defendant provoked?
* Objective test: Would a reasonable person have lost self-control?
57
What did the Government decide regarding the defence of provocation?
To abolish it and replace it with the defence of loss of control.
58
What are the three elements required to successfully plead the defence of loss of control?
* The defendant must lose self-control
* There must be a qualifying trigger
* A reasonable person in the same situation might have reacted similarly
59
What is the evidential burden in the context of loss of control?
The defendant must produce evidence that raises the defence, then the burden shifts to the prosecution.
60
What does the term 'loss of control' mean according to R v Jewell?
A loss of the ability to act 'in accordance with considered judgement, or a loss of normal powers of reasoning.'
61
If a defendant plans a murder, can they claim loss of control?
No, planning negates the possibility of claiming loss of control.
62
What does s 54 of the CJA 2009 state about loss of control?
A person is not to be convicted of murder if their acts resulted from a loss of self-control with a qualifying trigger.
63
What percentage of those accused of murder rely on the defence of loss of control?
Approximately 60%.
64
What does loss of control mean in legal terms?
A loss of the ability to act ‘in accordance with considered judgement, or a loss of normal powers of reasoning’.
65
In the case of the accused who shot his colleague, why was he convicted of murder?
The degree of planning was found to be such that he was convicted of murder.
66
True or False: The defendant must suddenly ‘snap’ to claim loss of control.
False.
67
What is the significance of the case R v Ahluwahlia in relation to loss of control?
It illustrates that loss of control does not need to be sudden and can result from a buildup of events over time.
68
What must a defendant prove to successfully claim loss of control as a partial defense?
The defendant must prove they actually lost control at the time of the killing.
69
What is the difference between a loss of control and a considered desire for revenge?
Loss of control is impulsive, whereas a considered desire for revenge indicates premeditation.
70
What does the law say about killings carried out in a considered desire for revenge?
They are excluded from the loss of control defense.
71
Fill in the blank: A loss of control can occur when the defendant 'snaps' or in response to a culmination of _______.
[events].
72
What is a key factor that may indicate a considered desire for revenge?
Evidence of planning or a significant delay between provocation and killing.
73
Under s 54(8), how does one party successfully pleading loss of control affect other parties involved?
It does not affect the criminal liability of any other party.
74
What are the two specified ‘qualifying triggers’ for loss of self-control?
* Fear of serious violence from V against D or another
* Circumstances of an extremely grave character causing a justifiable sense of being seriously wronged.
75
What must be disregarded according to s 55(6)(a) and (b) in relation to the defendant's fear of serious violence?
The defendant’s fear must be disregarded if it was incited by their own actions.
76
What does the 'fear trigger' under s 55(3) require?
The loss of control must be attributable to the defendant's fear of serious violence from the victim.
77
True or False: The fear must be reasonable for the defendant to claim the fear trigger.
False.
78
What is the requirement for the 'anger trigger' under s 55(4)?
It must be attributable to circumstances of an extremely grave character causing a justifiable sense of being seriously wronged.
79
Why is sexual infidelity excluded as a qualifying trigger under s 55(6)(c)?
Because it cannot constitute grounds for a justifiable sense of being seriously wronged to reduce murder to manslaughter.
80
What did the Court of Appeal rule regarding sexual infidelity in R v Clinton?
Sexual infidelity is excluded only when it is the sole provocation but may be considered when part of the context.
81
Fill in the blank: Sexual infidelity cannot be relied upon on its own as a qualifying trigger, but its existence does not prevent reliance on the defense where there are other _______.
[qualifying triggers].
82
What is the impact of the requirement for a ‘qualifying trigger’ on the defense of loss of control?
It raises the bar for the defense, making it applicable in fewer cases than the previous provocation defense.
83
What is the role of the judge in determining whether the sense of being seriously wronged is justifiable?
The judge acts as a filter to determine if a properly directed jury could reasonably conclude it was justifiable.
84
What can Gawain's conviction for murder be reduced to?
Voluntary manslaughter
85
Can sexual infidelity be relied upon as a qualifying trigger on its own?
No
86
What may sexual infidelity be considered as in the context of qualifying triggers?
One of a number of factors
87
What are the two components that must be established for the partial defence of loss of control?
1. Qualifying trigger
2. Similar reaction of a person of the defendant’s sex and age
88
What does the third element of the defence require according to s 54(1)(c)?
A person of D’s sex and age, with a normal degree of tolerance and self-restraint, might have reacted in the same or similar way
89
What is the significance of 'the circumstances of D' as defined in s 54(3)?
All of D’s circumstances other than those related to D’s general capacity for tolerance or self-restraint
90
What historical case influenced the current approach to the loss of control defence?
Attorney-General for Jersey v Holley [2005]
91
What are the general characteristics considered in the loss of control defence?
Age and sex
92
How is age relevant in assessing self-control for the partial defence?
A child has a lower capacity to control emotions than an adult
93
In the example of Jay, what was his reaction to Tobias smiling at Amy?
He stabbed Tobias to death
94
What must Ariana prove to establish her partial defence?
A 14-year-old girl with a normal degree of tolerance might have killed when taunted
95
In Nyofi's case, what was the trigger for her reaction?
Taunts about her sexual orientation and racial origin
96
What is the requirement for 'sufficient evidence' under s 54(6) of the CJA 2009?
A jury could reasonably conclude that the defence might apply
97
What is the actus reus of murder?
Unlawfully causing the death of the victim
98
What is the mens rea for murder?
Intention to kill or cause grievous bodily harm
99
What must the defendant demonstrate for the partial defence of diminished responsibility?
Abnormality of mental functioning from a recognised medical condition
100
What is the significance of voluntary intoxication in the context of diminished responsibility?
It will not be taken into account
101
In the scenario with Barney, what might he lack regarding his mental state?
The necessary mens rea for murder
102
What does the jury have to ignore when determining Barney's case?
Effects of any voluntarily consumed alcohol
103
What is the implication of the term 'snapping in slow motion' in Eithne's case?
Response to an accumulation of years of provocation
104
What does Eithne's immediate reaction to Aaron's assault illustrate?
A clear loss of control
105
What does the law aim to achieve by differentiating between loss of control and diminished responsibility?
Put 'clear water' between the two partial defences
106
What is the significance of the quote 'motion, the final surrender of frayed elastic' in the context of loss of control?
It highlights how certain defendants, especially victims of domestic violence, may lose control in a non-obvious way.
## Footnote
This quote is from 'Eve was Framed: Women and British Justice' by Helena Kennedy.
107
In the case of Eithne, what evidence supports the test for loss of control?
Eithne lost her temper when she killed her husband, satisfying the loss of control test.
## Footnote
The 'straw that breaks the camel’s back' concept applies here.
108
What factors indicate that Eithne did not experience a loss of control at the time of the fatal act?
Eithne had time to 'cool down' and planned the attack deliberately.
## Footnote
This undermines the claim of loss of control.
109
What was Shania's reaction upon witnessing her husband abusing her mother?
Shania threw a heavy plant pot at Charlie, resulting in his death.
110
What constitutes the actus reus and mens rea of murder in Shania's case?
Actus reus: Charlie is dead; Mens rea: Shania intended to cause serious bodily harm.
## Footnote
Shania did not intend to kill Charlie.
111
What must Shania provide to reduce her charge from murder to voluntary manslaughter?
Sufficient evidence to raise the defense of loss of control as an issue.
112
What role does the trial judge play regarding Shania's defense?
The judge must determine if a jury could reasonably conclude that the defense might apply.
113
What does section 55(4) of the CJA 2009 relate to in Shania's case?
It concerns circumstances of an extremely grave character that may justify a sense of being seriously wronged.
114
What question must a jury consider regarding Shania's reaction?
Would a woman of the same age and circumstances react similarly to Shania?
115
What might a jury conclude about Shania's potential guilt?
She may be guilty of voluntary manslaughter due to the partial defense of loss of control.
116
What learning outcomes are expected from this chapter?
1. Understand the structure of homicide law
2. Explain murder and voluntary manslaughter definitions
3. Discuss proposed changes to homicide law.
117
What are the main homicide offenses covered in this chapter?
* Murder
* Voluntary manslaughter
* Diminished responsibility
* Loss of control
118
Fill in the blank: The current law of homicide is structured around different _______.
[homicide offenses]
119
What is the purpose of the figures in the chapter (e.g., Figure 5.1, Figure 5.2)?
To illustrate concepts such as murder, voluntary manslaughter, diminished responsibility, and loss of control.
