CRI6005 Lecture 1: Introduction to the Module and the Law on Homicide

Vocabulary practice flashcards covering legal definitions, partial defences, categories of unlawful homicide, and academic guidelines from Lecture 1 of CRI6005.

Actus Reus

The 'guilty act' in criminal law, referring to the conduct, failure to act (omission when there is a duty to act), or state of affairs resulting in criminality, which must be proven beyond reasonable doubt.

Mens Rea

The 'guilty mind' or mental element required to establish criminal liability, referring to the state of mind of the defendant at the time of the offending conduct.

Direct Intention

A form of mens rea occurring when the unlawful act and its specific outcome were purposefully and fully intended by the defendant.

Oblique Intention

A form of mens rea where the resulting harm or unlawful consequence was not the primary purpose of the act, but was virtually certain to happen as a consequence of the defendant's actions.

Recklessness (Mens Rea)

A state of mind in which an individual recognizes that a risk exists but carelessly chooses to pursue the course of action regardless of that risk.

Negligence (Mens Rea)

A failure of conduct where the defendant did not actually foresee the risks involved in their conduct, but an objective reasonable person should have foreseen them.

Homicide

The killing of a human being, whether the killing is determined to be lawful or unlawful (Brookman, 2022).

Murder

A common law offence committed when a person of sound mind and discretion unlawfully kills any reasonable creature in being, and under the King's peace, with intent unlawfully to kill or cause grievous bodily harm (GBH), carrying a mandatory sentence of life imprisonment.

Attempted Murder

An offence under Section 1(1) of the Criminal Attempts Act 1981 occurring when a person does an act that is more than merely preparatory with the intent to commit the offence; specifically requires an intent to kill (intent to cause GBH is insufficient).

Voluntary Manslaughter

A category of unlawful homicide where the defendant possessed the mens rea for murder (intent to kill or cause GBH), but liability is reduced to manslaughter due to the application of a recognised partial defence.

Diminished Responsibility

A partial defence to murder where the defendant suffered from an abnormality of mental functioning arising from a recognised medical condition that substantially impaired their ability to understand their conduct, form a rational judgment, or exercise self-control.

Loss of Control

A partial defence to murder requiring a loss of self-control caused by a qualifying trigger, alongside an objective test establishing whether a person with normal tolerance and self-restraint in the defendant's circumstances might have reacted in a similar way.

Suicide Pact (Defence)

A partial defence reducing a murder charge to manslaughter when an agreement existed between two or more persons having for its object the death of all of them, all parties intending to die as a result.

Involuntary Manslaughter

An unlawful homicide occurring where there is no intention to kill or commit GBH, but the victim's death is caused by gross negligence or involvement in an unlawful and dangerous act.

Gross Negligence Manslaughter

A type of involuntary manslaughter commonly occurring in professional contexts where a death results from a negligent breach of a duty of care that is severe enough to amount to a criminal act.

Four-Stage Test (R v Adomako [1995])

The legal test establishing gross negligence manslaughter: a) The defendant owed a duty of care to the deceased; b) The defendant breached that duty via a negligent act or omission; c) The breach caused the death; and d) The negligence amounts to gross negligence.

Unlawful Act Manslaughter

A form of involuntary manslaughter requiring an unlawful and dangerous act (cannot be an omission) that all sober and reasonable people would inevitably recognize as subjecting the victim to at least some risk of harm.

Causation (in Manslaughter)

The legal principle established in R v HM Coroner for Inner London, ex parte Douglas-Williams [1998] requiring that the unlawful or negligent act must have contributed significantly to the victim's death, though it need not be the sole or primary cause.

Infanticide

An offence under the Infanticide Act 1938 (as amended by the Coroners and Justice Act 2009) applying when a woman causes the death of her biological child under 1 year of age while suffering from a mental disturbance related to childbirth; carries a maximum of life imprisonment but usually results in a non-custodial sentence.

Corporate Manslaughter Penalty

The criminal sanction applicable to corporate manslaughter convictions in England and Wales, carrying a maximum statutory fine of £20 million.

Late Submission Permit (Academic Regulations)

A provision allowing a five working-day extension for eligible coursework assessments, usable four times per academic level to avoid capped grades (submissions made five or more times without permits are capped at 40%).

Mitigating Circumstances Deferral for Non-Attempt

A procedure allowing students up to two self-declared deferrals per academic year to protect their attempt and retake an assessment uncapped during the retrieval/resit period, requiring an application within 20 working days.