HOMICIDE OFFENCES MURDER Flashcards
(12 cards)
WHAT IS THE DEFINITION OF HOMICIDE
The unlawful killing of a human being.
WHAT ARE THE DIFFERENT FORMS OF HOMICIDE?
- MURDER
- VOLUNTARY MANSLAUGHTER
- INVOLUNTARY MANSLAUGHTER
WHAT IS THE DEFINITION OF MURDER?
the most serious form of homicide and requires specific intent.
WHAT IS THE REQUIRED ACTUS REUS FOR MURDER?
D must:
- Cause the death of a human being (reasonable creature in being)
– AG’s Reference (No.3 of 1994) (1998). - Under the Queen’s peace (i.e., not in war).
- The killing must be unlawful (self-defence can be a defence).
WHAT IS THE RULE ON MURDER OF A FETUS ?
- A fetus is not a “human being” unless born alive (R v Poulton (1832)).
Explain the (YEAR AND A DAY RULE ) ACT 1996 IN MURDER
- The “Year and a Day Rule” (requiring death within a year and a day of the injury) was abolished by the Law Reform (Year and a Day Rule) Act 1996.
WHAT IS THE REQUIRED CAUSATION IN MURDER ?
- Factual Causation: “But for” D’s act, V would not have died
(R v White (1910)). - Legal Causation: D must be a substantial and operating cause of V’s death.
ROLE OF INTERVENING ACTS IN MURDER
A novus actus interveniens (new intervening act) may break the chain of causation, but courts are reluctant to allow this unless it is truly independent (R v Cheshire (1991)).
MENS REA IN MURDER
- Malice aforethought = Intent to kill or cause grievous bodily harm (GBH).
- Intention can be:
o Direct: D’s aim or purpose (R v Mohan).
o Oblique: Death/GBH was a virtual certainty of D’s actions, and D appreciated this (R v Woollin (1998)).
DEFINE VOLUNTARY MAN SLAUGHTER
Occurs when the elements of murder are present, but a partial defence applies.
PARTIAL DEFENCES OF VOLUNTARY MANSLAUGHTER
- Loss of Control – Coroners and Justice Act 2009
- Diminished Responsibility – Homicide Act 1957
DEFINE INVOLUNTARY MANSLAUGHTER
Occurs when D causes death but lacks the mens rea for murder
