Homicide: Murder and Diminished Responsibility

Flashcards covering key vocabulary and definitions related to homicide, murder, and diminished responsibility as presented in the lecture notes.

Murder (Classic Definition)

According to Coke (17th Century): when a man of sound memory unlawfully killeth any reasonable creature under the king’s peace, with malice aforethought, so as the party wounded die of that wound within a year and a day.

Murder (Modern Definition)

Unlawful killing of a person/human being under the King’s peace with the intention to cause death or grievous bodily harm (GBH).

AR of Murder: Unlawful Killing

Killing that is not permitted in law (e.g., not in war or self-defense).

AR of Murder: Human Being

A living, human person (life begins when a baby has wholly emerged from its mother and is breathing/surviving independent of mother; life ends with brain stem death).

AR of Murder: Under the King's Peace

British citizen anywhere in the world, anyone on British ships and aircraft, homicides by British citizens on foreign ships.

MR of Murder

Intention to kill or cause GBH (grievous bodily harm).

Diminished Responsibility

A partial defense to murder that reduces the charge to voluntary manslaughter.

Diminished Responsibility Test (4 parts)

1. Abnormality of mental functioning (s 2(1)); 2. Stemming from a recognized medical condition (s 2(1)(a)); 3. Resulting in substantial impairment to understanding, rational judgment, or self-control (s 2(1)(b)); 4. That explains the killing (i.e., is a cause or contributory factor) (s 2(1)(c)).

Abnormality of Mental Functioning

As per R v Byrne [1960] 2 QB 369: ‘reasonable man would term it abnormal’.

Recognized Medical Condition

Requires a medically recognized mental or physical illness or disorder limiting the situations in which the partial defence becomes available.

Substantially Impaired

D’s ability to understand their own conduct, form rational judgments, or exercise self-control must be substantially impaired. 'More than merely trivial.'

Provides an Explanation (Diminished Responsibility)

The abnormality of mental functioning must cause, or be a significant contributory factor in causing, the killing.