Homicide Offences

Question 1

A.R. OF MURDER

Answer 1

Unlawful Killing (COKE)
Of a human beings (not unborn child, POULTON)
Under the Queen’s peace (COKE, CLEGG)

Question 2

WHEN DOES DEATH OCCUR

Answer 2

Irreversible severing of the brain stem (MALCHEREK and STEEL)

Question 3

CAUSATION

Answer 3

Factual causation is a question of fact for the jury (CLARKE AND MORIBAR)
Legal causation

Question 4

‘BUT FOR’ TEST

Answer 4

But for defendant’s actions victim would not have died as and when they did (WHITE)
Acceleration must be significant/more than minimal (CHESHIRE)

Question 5

NO LEGAL CAUSATION IF

Answer 5

Intervening act - unless foreseeable
Intervening act by another person - unless injuries inflicted by the defendant were ‘OPERATING AND SUBSTANTIAL’ cause of death - MALCHEREK AND STEEL

Question 6

OTHER FACTORS OF LEGAL CAUSATION

Answer 6

Defendant’s act need to be sole cause of death - only contribute significantly. Multiple defendants - PAGETT
Take victim as you find them - BLAUE
Death from fright - WATSON. Sober and reasonable person forsee that act created risk of physical harm?

Question 7

MEDICAL NEGLIGENCE

Answer 7

Legal causation still satisfied if wound remains operating and substantial c.o.d. at t.o.d. - SMITH
MEd. neg. only breaks chain of causation if ‘so independent of the defendant’s acts and in itself so potent that the defendant’s acts were an insignificant contribution to death.’ - CHESHIRE

Question 8

M.R. OF MURDER

Answer 8

Murder with malice aforethought
Intent to kill of cause GBH (v. serious harm, DPP v SMITH)
Not recklessness
Irrelevant if mercy killing - INGLIS

Question 9

VOLUNTARY MANSLAUGHTER

Answer 9

Partial defences to murder lead to charge of voluntary manslaughter
Burden of proof –> defendant
Jury decide on balance of probabilities

Question 10

DIMINISHED RESPONSIBILITY

S.2 Homicide Act 1957

Answer 10

• Abnormality of mental functioning
• Arising from recognised medical condition (W.H.O. classification of diseases or generally recognised)
• Substantially impaired defendant’s ability to
  
  • understand nature of conduct
  • form rational judgement
  • exercise self-control
    (substantial - more than minimal, LLOYD)
• provides and explanation for the defendant’s acts/omissions

Alcohol dependence syndrome recognised by W.H.O. - DEITSCHMANN

Question 11

LOSS OF CONTROL

ss. 54 and 55 of Coroners and Justice Act 2009

Answer 11

• Defendant’s acts/omissions resulted from loss of control
• Qualifying trigger (fears serious violence; extremely grave character causing justifiable sense of being seriously wronged). Unless caused by defendant (?)
• Person of same sex and age with normal degree of tolerance and self-restraint may have reacted the same way in the same circumstances.

Infidelity not a qualifying trigger in and of itself, other evidence needed - CLINTON, PARKER AND EVANS

Question 12

INVOLUNTARY MANSLAUGHTER

Answer 12

Constructive manslaughter
Gross negligence manslaughter
Road Traffic Act

Question 13

A.R. OF CONSTRUCTIVE MANSLAUGHTER

Answer 13

Do an unlawful act

• intention/recklessness, not negligence - LAMB
• any unlawful act e.g. burglary or theft - NEWBURY AND JONES
• can’t be omission - LOWE

Unlawful act is dangerous

• risk of some harm - NEWBURY AND JONES
• would sober and reasonable think dangerous - BALL, CHURCH
• burglary could be dangerous depending on circs- BURSTOW

Unlawful act causes victim’s death

Question 14

M.R. OF CONSTRUCTIVE MANSLAUGHTER

Answer 14

Mens rea of unlawful act

Question 15

GROSS NEGLIGENCE MANSALUGHTER

Answer 15

ADOMAKO

• Duty of care (matter for jury) - WILLOUGHBY
• Breach of duty. Can be omission provided duty exists - KHAN. Ref. Pittwood, Miller, Stone & Dobinson etc
• Risk that conduct could cause death. Objective: reasonable man, foresee risk of death - SINGH. What defendant foresaw irrelevant - ROSE
• Evidence breach caused death
• Jury concludes ‘so far below the standards of a reasonable person that def can be labelled grossly negligent’

Question 16

CAUSING DEATH BY DANGEROUS DRIVING

Answer 16

Causing death of another while driving a mechanically propelled vehicle dangerously on a road or other public place
Dangerous =
- standard of driving far below careful and competent driver
- would be obvious to c&c that driving in that way would be dangerous

Question 17

CAUSING DEATH BY CARELESS DRIVING

Answer 17

Causes death of another driving a mechanically propelled vehicle on a road or other public place
Without due care and attention or without reasonable consideration for other road users

Question 18

CORPORATE MANSLAUGHTER

Answer 18

• Qualifying organisation
• Organisation owes a duty of care
• Organisation breaches that duty
• Breach caused death
• Breach is GROSS BREACH
• Management failure by senior management - decision makers or hand-on management

Question 19

HEALTH AND SAFETY

Answer 19

Has organisation complied with Health and Safety at Work Act 1974.

• ensure health, safety and welfare of all employees
• those not employed should not be exposed to risks to health/safety

Question 20

PENALTIES FOR CORPORATE MANSLAUGHTER

Answer 20

Fine (consider harm and culpability)
Type of organisation
Proportionality (means of defendant)
Additional sentencing options
Liability of individual directors - no accomplice convictions for G.N. manslaughter

Question 21

INTOXICATION AND MURDER

Answer 21

Involuntary intoxication

• defendant had no knowledge of consumption and substance produced adverse effects - HARDIE
• in absence of M.R. involuntary intox. will succeed as a defense to murder/manslaughter. Reduced sentence is M.R. present

Voluntary intoxication

• anything not involuntary, including if underestimated effects- ALLEN
• if M.R. absent, voluntary intox. defense only succeeds for crimes of specific intent i.e. murder and voluntary manslaughter (DPP v MAJEWSKI)