2869298
Homicide
- Homicide Act 1957; amended by S.52 Coroner's and
Justice Act 2009
- Actus Reus: D caused V's death
- Mens Rea: Malice
Aforethought =
intention to kill or
cause GBH
- Murder
- Murder attracts a
mandatory sentence of
life imprisonment
- Defined as 'Unlawful
killing of a human being
under the Queens
Peace with malice
aforethought
- Defined as 'Unlawful
killing of a human being
under the Queens
Peace with malice
aforethought
- Actus Reus: usually by a
voluntary act but can be an
ommission (Gibbins &
Proctor)
- Causation: Factual
-'But for' (White)
Legal - De minimis
principle (Paggett)
-Intervening acts -
Thin Skull
- Causation: Factual
-'But for' (White)
Legal - De minimis
principle (Paggett)
-Intervening acts -
Thin Skull
- Mens Rea: Intention
to kill or cause serious
harm
- by means of either:
- Direct intent (must be clear)
judges use simple direction.
D's aim and purpose (Mohan)
- Oblique intent - evidential rule Judges
give Nedrick/Woollin direction to the jury.
If jury is satisfied that D foresaw death or
serious injury as a virtually cirtain
consequence - strong evidence, a jury can
find intention (Mattews and Alleyne)
- Direct intent (must be clear)
judges use simple direction.
D's aim and purpose (Mohan)
- by means of either:
- Murder attracts a
mandatory sentence of
life imprisonment
- Special and Partical Defenses that
reduce murder to manslaughter: 1.
Diminished Responsability 2. Loss of
Control
- Murder
- No Malice
Aforethought
- Unlawful Act Manslaughter
- Actus Reus: *1. D commits an
unlawful act, *2.Act must be
dangerous to an objective standard,
*3. Act must cause death
- Mens Rea for Unalwful act
manslaughter is the Mens Rea
required for the unlawful
act... (subjective recklessness)
- Unlawful act: *A. Must be a criminal
offence, not a breach of civil law (Franklin),
*B. Must be an act not an ommission
(Lowe), *C. Act must be unlawful itself, not
become unlawful (Jennings), *D. AR and MR
of 'base crime' must be proved in full
(Lamb), *E. Unlawful act can be any
criminal offence (Mitchell)
- Dangerous Act: meaning of
Dangerous = Church test and
Dowson. An act all sober and
reasonable people recognise
carries the risk of 'some
harm' although not serious
harm. (reasonable person
can only have the same
knowledge as the D
(Dawson/Watson))
- Act must cause death (causation):
Factual 'But for' (White), Legal - De
minimis principle, -Intervening
acts, - Thin skull rule
- Unlawful act: *A. Must be a criminal
offence, not a breach of civil law (Franklin),
*B. Must be an act not an ommission
(Lowe), *C. Act must be unlawful itself, not
become unlawful (Jennings), *D. AR and MR
of 'base crime' must be proved in full
(Lamb), *E. Unlawful act can be any
criminal offence (Mitchell)
- Mens Rea for Unalwful act
manslaughter is the Mens Rea
required for the unlawful
act... (subjective recklessness)
- Drug cases - Kennedy
No.2 - Adult taking
drugs breaks the
chain. Children and
mentally incapacity
taking drugs does not
break the chain.
- Actus Reus: *1. D commits an
unlawful act, *2.Act must be
dangerous to an objective standard,
*3. Act must cause death
- Gross Negligence Manslaughter
- 1. Adomako - Principles- 'The ordinary principles of the law or
negligence apply to ascentain whether of not the D has been in
breach of care' Lord Mackay. Duty of care owed by D to V - civil test
= negligence and/or criminal ommission.
- 2. Breach of Duty by D: civil test - Reasonable man OR expert (training).
'Reasonable competent body exercising that skill'. Obvious risk of death -
Singh/Misra/Yagoob
- 3. Breach must cause death: Causation - Factual: 'But for' (White)
Legal: De Minimis Principle, Intervening acts, Thin Skull rule.
- 4. Negligence must be gross - Question for the jury - moves from civil to criminal liability.
- 5. Mens Rea - none needed BUT subjective (recognises the risk and takes it
- Lidor) and objective (reasonable man - Lichfield) suggests Gross
Negligence Manslaughter
- 5. Mens Rea - none needed BUT subjective (recognises the risk and takes it
- Lidor) and objective (reasonable man - Lichfield) suggests Gross
Negligence Manslaughter
- 4. Negligence must be gross - Question for the jury - moves from civil to criminal liability.
- 3. Breach must cause death: Causation - Factual: 'But for' (White)
Legal: De Minimis Principle, Intervening acts, Thin Skull rule.
- 2. Breach of Duty by D: civil test - Reasonable man OR expert (training).
'Reasonable competent body exercising that skill'. Obvious risk of death -
Singh/Misra/Yagoob
- 1. Adomako - Principles- 'The ordinary principles of the law or
negligence apply to ascentain whether of not the D has been in
breach of care' Lord Mackay. Duty of care owed by D to V - civil test
= negligence and/or criminal ommission.
- General defences can be used
here (Automotism, Insainity,
Intoxication)
- Unlawful Act Manslaughter
- Mens Rea: Malice
Aforethought =
intention to kill or
cause GBH
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