WEEK 3 Flashcards
(39 cards)
What is the definition of murder according to common law?
Murder is when any man of sound memory, and of the age of discretion, unlawfully killeth any reasonable creature in rerum natura under the King’s peace, with malice aforethought.
This definition is derived from Coke’s Institutes III.7.50.
What is the actus reus of murder?
An unlawful killing of a human being under the King’s peace, causing V’s death.
Includes conduct (act or omission) and causation.
What does ‘malice aforethought’ mean in the context of murder?
Malice aforethought refers to the intention to kill or to cause grievous bodily harm (GBH).
Cases such as Moloney [1985] and Cunningham [1982] clarify this concept.
What are the two forms of intention in murder?
- Direct intention
- Indirect intention
Direct intention aims to achieve a result, while indirect intention refers to results that are virtually certain.
Is intention to cause GBH sufficient for a murder charge?
Yes, intention to cause GBH is sufficient for a murder charge.
This is established in cases like DPP v Smith [1961].
What is constructive liability in murder?
Constructive liability refers to the principle that the actus reus (death) does not necessarily correspond with the mens rea (intention to kill or cause GBH).
Criticism arises from the lack of culpability when convicted of murder based on GBH intent.
What are the general defenses available in a murder case?
Most general defenses will apply, except for duress.
Successful general defenses lead to acquittal.
What distinguishes voluntary manslaughter from involuntary manslaughter?
Voluntary manslaughter involves intention to kill or cause GBH, while involuntary manslaughter involves no such intention.
Partial defenses can reduce murder to voluntary manslaughter.
What are the three partial defenses to murder?
- Loss of Self-Control
- Diminished Responsibility
- Suicide Pact
Suicide Pact is not covered in this module.
What is the legal definition of ‘loss of self-control’?
Loss of the ability to act in accordance with considered judgment or a loss of normal powers of reasoning.
Refer to Jewell [2014] for clarification.
Is loss of self-control required to be sudden under the Coroners and Justice Act 2009?
No, loss of control does not have to be sudden.
This was a change from the previous provocation defense.
What constitutes a qualifying trigger for loss of self-control?
A qualifying trigger can be based on fear of serious violence or circumstances of an extremely grave character.
Fear trigger is defined in s. 55(3) and anger trigger in s. 55(4) of the Coroners and Justice Act 2009.
Can sexual infidelity be considered a qualifying trigger for loss of self-control?
No, sexual infidelity is not considered a qualifying trigger.
This is established in s. 55(6)(c) of the Coroners and Justice Act 2009.
What is the standard for assessing a defendant’s reaction under the loss of self-control defense?
The reaction must be similar to a person with a normal degree of tolerance and self-restraint in similar circumstances.
This is outlined in s. 55(1)(c) of the Coroners and Justice Act 2009.
What does the term ‘constructive liability’ refer to in murder cases?
Constructive liability refers to the principle that a defendant can be held liable for murder even if their intention was to cause GBH, not death.
This principle has been subject to criticism regarding culpability.
What is the mens rea requirement for murder?
The mens rea requirement for murder is malice aforethought, which includes intention to kill or cause GBH.
This is critical in establishing guilt in murder cases.
What is the difference between direct and indirect intention?
- Direct intention: aim/purpose to achieve a result
- Indirect intention: result was virtually certain and D realized this
Refer to cases like Mohan and Woollin for examples.
In the context of murder, what does ‘actus reus’ refer to?
Actus reus refers to the unlawful killing of a human being.
It encompasses both acts and omissions.
What is the statutory basis for voluntary manslaughter?
Voluntary manslaughter is based on the intention to kill or cause GBH, but with a successful partial defense.
This is distinct from involuntary manslaughter which lacks such intent.
What is the definition of intoxicated in the context of legal standards?
D’s reaction would be similar to a person with a normal degree of tolerance/self-restraint
This reflects the standard used to assess D’s conduct against a normative benchmark.
What does S 55(1)(c) state regarding the comparison of D’s actions?
A person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.
What is meant by ‘the circumstances of D’ according to s. 54(3)?
All of D’s circumstances other than those whose only relevance is to D’s capacity for tolerance or self-restraint.
What are the criteria for evaluating D’s circumstances?
Each circumstance needs to be evaluated individually to see if the jury can take it into account.
What is the conclusion on the third element regarding D’s comparison?
Test compares D to an objective standard of what a normal person of the same age/sex would do.
