Homicide Defences Essay

What are the two main requirements for the offence of homicide?

Actus reus and mens rea

What does actus reus refer to in the context of homicide?

The unlawful acceleration of the brainstem death of an independently existing human being under the king's peace.

What does mens rea refer to in the context of homicide?

Intending to kill or do serious bodily harm.

Why is the defence of duress not applicable to murder according to the law?

One innocent human life has at least the same value as the defendant's self or family -Lord Hailsham. Howe 1987

What is the Graham test for duress?

1. Did the defendant reasonably and honestly believe there was an immediate threat? 2. Would a sober person of reasonable firmness have responded the same way?

What is the legal principle regarding self-defence in English law?

Private defence is considered part of self-defence, but does not apply to property.

What is the test for self-defence established in Palmer 1971?

1. Imminent unlawful threat. 2. No reasonable alternative. 3. Proportionate force.

What does the Suicide Act 1961 require for complicity in another's suicide?

Doing an act capable of assisting or encouraging the suicide of another person.

What are the criteria for the defence of necessity as demonstrated in Re (A) Children 2000?

1. Action done to avoid irreparable evil. 2. No greater force than required. 3. The evil done is not disproportionate to the evil avoided.

What is the consequence of applying 'choice theory' to defendants?

It lacks contextualization and could lead to miscarriages of justice.

What does the author conclude about the necessity of defences in criminal law?

Punishing someone not morally responsible for their actions contravenes the principles of criminal law.

What does Horder suggest about the law's approach to defences?

Each scenario deserves careful and unique consideration.

What is the significance of Glazebrook's 'concealed defence of duress' approach?

It may influence the courts' consideration and sentencing.

Give an example of a miscarriage of justice due to a lack of understanding of character?

Elliot 1983

What does the term 'private defence' encompass in English law?

Self-defence including protection of property and other people.

What is the relationship between self-defence and social morality?

The complete acquittal reflects social morality.

How does the law view the actions of a defendant under duress according to Richards?

Their actions do not reveal bad character.