Homicide Offences

Question 1

what is the definition of Homicide and what offences fall under this?

Answer 1

unlawful killing of a human being under the kings peace- offences include:
-murder
-voluntary manslaughter (diminished resp., loss of control, suicide pact)
-Involuntary manslaughter (gross negligence, recklessness, unlawful dangerous acts)

Question 2

what is murder?

Answer 2

unlawful killing with intention to kill or cause GBH (accelerated death counts as causation)

Question 3

explain case of r v vickers(1957)

Answer 3

D commits burglary, killed woman as he got caught but intended to cause GBH

Question 4

establish the distinction between 1st and 2nd degree murder

Answer 4

1st degree includes the intent to kill or cause serious harm with awareness of serious risk of death however 2nd degree includes intent to cause less severe harm

Question 5

what is voluntary manslaughter: diminished responsibility?

Answer 5

reduces murder liability if D was suffering from
-abnormality of mental functioning (strong reliance on medical evidence)
-recognised medical condition -substantial impairment
-provides an explanation
reduces moral blameworthiness

Question 6

explain case of R v Byrne 1960

Answer 6

D strangled girl and mutilated her body- was charged with murder but downgraded to manslaughter (DR) as he was sexual psychopath- couldn’t control this

Question 7

explain case of r v dowds 2012

Answer 7

D killed partner with 60 knife wounds- relied on DR for recognised medical conditions (binge drinker) - guilty of murder as voluntary drinking didn’t amount to partial defence

Question 8

explain case of r v ramchurn 2010

Answer 8

killed wife after she had affair with cousin by strangling her- substantial impairment - DR

Question 9

what is Voluntary manslaughter: loss of control?

Answer 9

Partial defence to murder where d’s actions are attributable to their loss of self control

Question 10

what is the 3 part test for Voluntary manslaughter: loss of control

Answer 10

-Loss of self control
-Qualifying trigger
-Nature of reaction

Question 11

elaborate on loss of self control

Answer 11

D must lose self control- need not be sudden, precludes considered revenge

Question 12

elaborate on qualifying triggers of loss of self control VM

Answer 12

-Fear of serious violence - evaluated based on D’s belief
-Things said or done - must constitute extremely grave circumstances, cause justifiable sense of being seriously wronged (removed unjustifiable uses like racist or honour killings, sexual infidelity excluded)

Question 13

elaborate on nature of reaction- loss of control VM

Answer 13

would someone of D’s age sex and circumstance have acted similarly

Question 14

explain the case r v thornton 1992

Answer 14

D killed alcoholic abusive husband with knife she sharpened before after he told her he’d kill her if she didn’t get out and relied on defence of DR based on personality disorder

Question 15

elaborate on case r v Dawes 2013

Answer 15

D found estranged wife sleeping on sofa with man- began punching him and hit him with vodka bottle then stabbed him- convicted of murder

Question 16

explain case r v clinton 2012

Answer 16

wife was having affairs and D kills her- guilty of murder and arson- didn’t qualify for loss of control VM

Question 17

explain case r v asmelash 2013

Answer 17

D insulted by V and was drunk- he stabbed V to death- intoxication not a defence- held guilty of murder

Question 18

explain case r v rejmanski (2017)

Answer 18

D had PTSD and killed someone during argument- sought loss of control due to mental disorder- held guilty of murder

Question 19

what comes under Involuntary manslaughter

Answer 19

-Unlawful and dangerous act manslaughter
-Gross negligence manslaughter
-Recklessness manslaughter

Question 20

what is unlawful and dangerous act manslaughter

Answer 20

D commits an act that is unlawful, Dangerous and causes death- does not include omissions- negligence and strict liability offences are insufficient- no need for foresight of serious harm

Question 21

explain the case R v Church (1966)

Answer 21

had sex with V, she passed out and D thought she was dead so threw her body in the river- she drowned
charged with unlawful act manslaughter

Question 22

explain the case Andrew’s v DPP (1937)

Answer 22

D drove van above speed limit and overtook another car, he hit a pedestrian and killed him
was held guilty of unlawful act manslaughter

Question 23

explain case r v dawson 1985

Answer 23

D approached petrol station with fake gun to attempt robbery- V had heart condition and suffered heart attack due to shock and died
D held guilty of unlawful act manslaughter

Question 24

r v slingsby 1995

Answer 24

having anal and sex with V- didn’t take off ring and caused internal injuries leading to sepsis- couldn’t be charged with unlawful act manslaughter as no crime (was consensual)

Question 25

R v kennedy (2007)

Answer 25

supplied heroin and V self injected, later overdoses- couldn’t be charged with UA manslaughter due to break of causation (self inflicted)

Question 26

what is gross negligence manslaughter

Answer 26

D commits a criminally serious breach of Duty that causes death applies even to omissions

Question 27

what is the 5 part test for GNM

Answer 27

- DoC owed to V - Breach of duty -Serious and obvious risk of death -breach actually causes death - breach is criminally gross

Question 28

R v Evans (2009)

Answer 28

D purchases heroin and gives it to half sister who self ingests drug- D recognises OD symptoms and doesn’t call ambulance as he doesn’t want to get into trouble - V dies he breached DoC and is convicted of GNM

Question 29

R v Kuddus (2019)

Answer 29

D owns takeaway and V places ingredients in allergy box- food contains these ingredients and V dies held guilty of GNM

Question 30

R v Wacker (2003)

Answer 30

D driving lorry with 60 illegal immigrants and no ventilation- 59 died D guilty of GNM

Question 31

what is Recklessness manslaughter

Answer 31

D recklessly causes death through foresight of GBH or death without intent