TOPIC 3 - Homicide and the Partial Defences to Murder

GO THRU THE CASES AND POINTS

Which of these is an element of gross negligence manslaughter confirmed most recently in Winterton [2018] EWCA Crim 2435?

It must be reasonably foreseeable that the breach of duty in question gives rise to a serious and obvious risk of deat

What is 'involuntary' manslaughter?

D does not commit murder, but does commit unlawful act manslaughter, gross negligence manslaughter or reckless manslaughter

Which of the following will not satisfy the mens rea for murder

D shoots at V forseeing that V might be killed as a result

bc: Only this choice fails to satisfy either the requirements of direct or indirect intention, going to death or grievous bodily harm

What is the mens rea of murder?

intention to kill or cause GBH

What happens if one of the partial defences is satisfied?

#D will be liable for manslaughter

Can murder be committed by ommission?

YES
bc: Murder can be committed by omission so long as a duty to act can be established at common law

What offence would D fall within if D killed with only an intention to cause GBH under the Law Commission’s proposals for the reform of homicide law?

Second degree murder

bc: The reason for making this second degree murder is because an intention to cause GBH is a form of constructive liability and therefore seen as less serious than an intention to kill. Note that only first degree murder will attract the mandatory life sentence under the Law Commission’s proposals

Diminished responsibility requires D to have a recognised medical condition which substantially impairs D’s ability to do one or more of which of the following things?

• to exercise self control

• to form rational judgement

• to realise what D did was a criminal offence

• to understand the nature of D’s conduct

bc: Note that an ability to exercise of self-control is also the basis for the defence of loss of control, but can form the basis for a plea of diminished responsibility too.

Is unlawful act manslaughter a constructive liability offence?

Yes, D's liability for a lesser offence is constructed upon by the fact of V's death (even though this death may have been unforeseen by D)

What is the actus reus of murder?

Conduct causing the unlawful killing of another person under the King's Peace

CASELAW: A-G’s Ref (No 3 of 1994) (1997)

define constructive liability

• Crimes of constructive liability make a defendant who is already guilty of committing one criminal offence liable for a much more serious offence if his initial crime has certain consequences → even if D didn’t foresee/intend those consequences of his inital crime.