Homicide

Homicide

1. Murder

   • The unlawful killing of another human being with malice aforethought
   • Mens rea: Intention to kill or cause GBH (Moloney (1985)
   • Oblique intention is sufficient if jury can show the defendant foresaw death/serious bodily harm as vir. certain consequence of actions Woolin (1998)
   • GBH needs no elabarotion beyond s.18 and s.20 of OAP act (1861) DPP v Smith, Saunders, Janjua

2. Voluntary manslaughter

   • Diminished Responsibilty
     • Abnormailty of mental functioning which substantially impairs a persons ability to understand, rationalise, or exercise self control
     • First introduced by s.2 of the homicide act 1957
       • Updated by s.52 of Coroners and Justice act 2009
         • Changes introduced: recognised medical condition, abnormality of mental functioning, provides an explanation for D's conduct
           • substantially impaired ability to understand the nature of conduct, form a rational judgement or exercise self control
     • Not available to a charge of attempted murder (Campbell (1997)
     • Recognised medical condition
       • Alcohol dependence syndrome (Tandy, Wood)
       • Othello syndrome (extreme Jealousy) Vinagre (1979)
       • Several will strengthen a defence (reynolds (1988)

3. Involuntary manslaughter

   • Reckless Manslaughter
     • was D aware of the necessary degree of risk of seious injury to the victim but chose to disregard it, or was indifferent to it (Lidar (2000)
   • Gross Negligence Manslaughter
     • Objective test
     • Duty of care
       • Donoghue v Stevenson...
       • Jury to decide whether it is applicable (Litchfield (1998)
       • failing to contact emergency services for half sibling may give rise to duty of care ( Evans (2009)
     • In criminal law the standard of negiignece is 'gross' (Adomako (1995)
       • Culpable neglignece of a gross kind (Doherty (1887)
       • 'showed such disregard that he deserved punishment (Bateman (1925)
     • Chain of causation must be present
   • Unlawful act manslaughter
     • doing a dangerous act that causes death
     • Four criteria
       • Must be an unlawful act
       • Must be dangerous (Church (1965)
         • Sober and reasonable bystander (Ball (1989)
           • verbally abused 87 year old man during burglary who died of heart attack
       • D must have mens rea of unlawful and dangerous act
         • strict liability offence was allowed in (andrews (2002)
         • does not have to intend or foresee death as a consequence of his act ( DPP v Newbury Jones (1977))
       • the act must have caused death
         • Causation requires outcome to be reasonably forseeable (Goodfellow (1986)
         • Injecting heroin will constitute dangerous and unlawful act (Cato (1976)
           • Self injection breaks chain of causation (Kennedy (2007)
     • Unlawful act
       • Criminal offence more appropriate to found a conviction - (Franklin (1883)
       • assault (Larkin) Battery (Church) Crim damage (DPP v Newbury) Arson (Willoughby) Robbery (dawson) Burglary (Watson) noxious substance s.23 oapa (Cato)
       • omission will not suffice
   • Offence not defence