Unit 6 - The Crown Court and Homicide

What does criminal law deal with?

Prohibited and/or dangerous conduct according to the law of the country.

What is an offence ?

A criminal law infringement

In whose name is a prosecution brought in England and Wales ?

In the name of the Crown

Criminal courts’ jurisdiction

-First-instance jurisdiction : The Crown Court and magistrates’ courts

-Appeals :

• Crown Court : appeals lying from magistrates’ court

• Criminal Division of the Court of Appeal : appeals lying from the Crown Court

• Divisional Court of the KBD (High Court) : may hear some appeals on certain points of law

Particularity of the Crown Court in relation to its number

The Crown court is always referred to in the singular as it is a single entity, even though it sits in more than 70 court centres across England and Wales

What are the usual court dealing with criminal cases?

Except for cases where special jurisdiction is involved, all criminal cases start in a magistrates’ court whether they involve a summary, triable either-way or indictable offence.

What happens during “committal proceedings”?

During a preliminary hearing, magistrates consider the nature of the offence to see if they are competent to try the case or if the case should be committed to the Crown Court

Classification of offences

-Summary offences

-Triable either-way offences

-Indictable offences (aka “offences triable on indictment”)

Where are summary offences tried ?

Always in magistrates’ courts

Where are either-way offences tried ?

-May be tried in a magistrates’ court

-Or sent to the Crown Court either :

• Because the magistrates’ court committed it to the Crown Court

• Because the defendant wanted a jury trial
  

+ the case could be sent to the Crown Court to receive a harsher sentence

Where are indictable offences tried ?

Heard in the Crown Court

Details of the proceeding for offences tried in the Crown Court

-Indictment is read, defendant enters a plea :

• Guilty : quick procedure, no jury, no witnesses, prosecutor outlines facts and defence may make a plea in mitigation

• Not guilty : trial by a jury of 12 people

What are mitigating factors ?

Extenuating circumstances relating to the offence which may result in the defendant receiving a lighter sentence

In what situation can a case be appealed from the Magistrates’ Court to the Crown Court?

When a defendant is found guilty, s/he may appeal the case.

What can the Crown court do when hearing an appeal ?

It may :

• Dismiss : find the defendant guilty and thus agree with the Magistrates’ court)

• Allow appeal (find the defendant not guilty)

It can also vary any or all parts of the sentence.

Where are appeals from the Crown Court lodged ?

They are lodged within :

• The Criminal Division of the Court of Appeal.

• The Divisional Court of the Queen’s Bench Division of the High Court can also (for some categories of appeals from criminal courts).

Components of criminal liablilty

-Actus reus

-Mens rea

What is actus reus + what can constitute it

It’s a guilty act (illegal action/deed), which may be :

• A positive act

• An omission (failure to act)

• A state of affairs (circumstances)
  ex. being in possession of prohibited drugs

What is mens rea + what constitutes it ?

It’s a guilty mind (mental element), present when the offender acts :

• Intentionnally

• Recklessly (knowingly or negligently taking a risk)
  ex. breach of duty of care

What is the murder mens rea ?

The intention to kill or cause grievous bodily harm, where the death of the victim is a foreseeable consequence

R v. Cunningham (1957) (facts, issue, outcome)

Mens rea

-Facts :

• Appellant removed a gas meter in order to steal the money inside. The meter was connected to the neighbouring house which was occupied by the appellant’s future mother-in-law, asleep at the time of the deed. The removal of the meter caused gas to leak into her property, and poison the woman. The appellant was convicted at trial based on the fact that he acted “wickedly.”

• The case was appealed by the appellant who argued he had lacked the mens rea to cause harm.

-Issue : What qualifies as intention to commit a crime?

-Outcome :

• The appellant’s conviction was overturned based on the fact that “wickedness” does not qualify as intention.

• The jury should have been left to decide whether, even without intending to cause harm, the appellant removed the gas meter despite foreseeing that its removal could cause harm to his future mother-in-law.

What is “Cunningham Recklessness” ?

-Comes from the cas R v. Cunningham (1957)

-For a defendant to be convicted of a crime s/he must either exhibit actual intent to cause harm or was reckless as to the possibility of causing foreseeable harm.

Is mens rea always required ?

Not in cases of strict liability

What is strict liability + purpose + examples

-Definition :

• Liability for some offences for which no mens rea for at least one element of the actus reus

• The defendant doesn’t need to have intent or know about the relevant circumstance or consequence

-Purpose :

• Protect the public from dangerous activities

• Ensure efficient regulation of quasi‑criminal matters

-Not clear in advance as to which offences have strict liability, but common areas :

• Dangerous drugs

• Road trafic offences

• Environmental pollution

• Sale of food

Examples of cases regarding strict liability

-R v. Prince (1875): Defendant runs off with an under-age girl.

-Alphacell Ltd v. Woodward (1972): A blocked pipe connected to the defendant’s factory polluted a river. The defendant was not negligent but was held liable.

How are usually classified non-fatal offences against the person ?

Usually classified as simple (less serious) or aggravated offence (most serious)

Collins v Wilcook (1984)

Defines assault and battery

• (Technical) Assault : intentional or reckless “act which causes another person to apprehend the infliction of immediate unlawful force on his person”

• Battery : intentional or reckless “actual infliction of unlawful force on another person”

Requirements to characterise (technical) assault

Four elements :

• Apprehension

• of immediate

• Unlawful

• Force

+ mens rea : either intention or recklessness

Requirements to characterise battery

Two elements:

• Infliction

• of unlawful physical force (may be indirect)

Examples of cases regarding assault or battery

-Logdon v. DPP (1976) : The defendant, as a joke, pointed a gun at the victim who was terrified until she was told that it was in fact a replica.
→ Assault

-R v. Sullivan (1981) : The defendant swerved his car towards a group of pedestrians intending to scare them, but subsequently lost control of the vehicle and collided with the pedestrians causing injury.
→ Battery

What kind of offences are technical assault and battery ?

Can be summary or either-way offences

What is homicide ?

The unlawful killing of a human being by another (includes murder and manslaughter)

What is murder ?

Under Common law, murder is the unlawful killing of a human being ‘under the King’s peace’ with malice aforethough

Requirement to characterise murder

-Elements :

• A killing

• In the absence of war (“under the King’s peace”)

• With a special intent, murder mens rea (= no reckless murder possible)

+ actus reus and mens rea need to coincide in time

Prosecution’s job in a murder trial

Must prove :

• Beyond a reasonable doubt that the victim’s death was caused by the conduct of the accused ;

• The special intent/mens rea (implying a subjective inquiry into the mind of the accused) ;

• That the actus reus and the mens rea coincided in time.

Sentence required for murder

Life sentence

What is manslaughter + variations

Any unlawful homicide which is not murder, which can be :

• Voluntary manslaughter

• Involuntary manslaughter

What can be the sentence when someone is guilty of manslaughter ?

Any sentence up to life imprisonment

What is voluntary manslaughter ?

The defendant has actus reus and mens rea for murder, but can rely on one partial defence :

• loss of control

• diminished responsibility: arrested or retarded development of mind, disease, injury

• killing in the course of a suicide pact

R v Byrne (1960)

Voluntary manslaughter case

-Defendant accused of mutilating his victim after strangling her

-The defence of diminshed responsibilty worked, as the defendant was said to suffer from an abnormality of mind (perverted sexual desires since infancy)

Burden and standard of proof in voluntary manslaughter regarding the partial defences

-Burden of proof : to the defence bears it

-Standard : balance of probabilities, not beyond a reasonable doubt

What is involuntary manslaughter + what can be causes of death in such a case ?

-Definition : The killing of another person with no intention to kill (there is actus reus but no mens rea for murder)

-Causes of death :

• Unlawful and dangerous act

• Gross negligence

What is unlawful act manslaughter / constructive manslaughter + when will a defendant be found guilty of it ?

-Involuntary manslaughter with death caused by an unlawful or dangerous act

-Guilty if cumulatively proved that :

• Unlawful act committed

• Unlawful act was dangerous

• Unlawful act caused the death

R v Adomako (1994)

Example of involuntary manslaughter due to gross negligence

Anesthetist did not notice that the oxygen tube was disconnected, causing the patient to die.

What is negligence + use in criminal law

-Usually a tort

-When on a serious level, can be qualified as “gross negligence” and go beyond civil liability to attach criminal liability