Homicide & murder (Homicide - Core principles of criminal liability) Flashcards
(12 cards)
What are the essential elements required to establish the offence of murder?
A person of sound mind unlawfully kills a human being (born and breathing) under the Queen’s Peace, with intent to kill or cause grievous bodily harm.
What is the ‘but for’ test in factual causation, and how does it apply in murder cases?
The ‘but for’ test asks whether the death would have occurred but for the defendant’s actions. If the answer is no, factual causation is established.
What does legal causation require in a murder case?
The defendant’s act must be a substantial and operative cause of death. It need not be the sole cause but must be more than a minimal contribution.
What is the “eggshell skull rule” and how does it affect liability for murder?
A defendant must take the victim as they find them. Hidden vulnerabilities do not reduce liability if death is caused as a result of the defendant’s act.
What are the three partial defences to murder that can reduce it to voluntary manslaughter?
(1) Diminished responsibility
(2) Loss of control
(3) Suicide pact.
What must be proven to rely on diminished responsibility as a defence to murder?
The defendant had an abnormality of mental functioning from a recognised medical condition that substantially impaired their ability to understand, judge, or control actions, and this explains their conduct.
When can loss of control reduce a murder charge to voluntary manslaughter?
When the defendant lost self-control due to a qualifying trigger and a person of similar age and sex might have reacted in a similar way.
Why does switching off a life support machine not break the chain of causation in murder?
If the original injury caused by the defendant is the substantial and operative cause of death, subsequent medical decisions do not relieve the defendant of liability.
What is the significance of the requirement that the victim must be a “reasonable creature in being”?
The victim must be a living human being, born and breathing independently; harm to a fetus does not qualify as murder.
Under what circumstances does a killing not amount to unlawful killing in murder?
When it occurs in self-defence, defence of another, or another legally justified context, making the killing lawful.
What is the maximum sentence for murder under English law, and how is it classified procedurally?
Murder is an indictable-only offence with a mandatory life sentence upon conviction.
What is a “suicide pact” in the context of murder, and how can it operate as a partial defence?
A suicide pact is a mutual agreement for all parties to die. If a defendant kills under this agreement, it may reduce the charge from murder to voluntary manslaughter.
