Homicide Cases

MURDER:

Actus rea:

A-G Reference No. 3 of 1994 [1997]: 

definition of “a person” -> mens rea could not be transferred to foetus, constructive manslaughter instead 

Mens rea:

R v Vickers [1957]: 

Established mens rea required for murder, intent of causing grievous bodily harm

R v Cunningham [1982]: 

Confirmed R v Vickers, mens rea of grievous bodily harm suffices as mens rea for murder 

R v Woolin [1999] 

authority on indirect intent, narrowed down, could not imply indirect intention (link to CJ 1967 s. 8)

Virtual certainty: charged with MANSLAUGHTER AND NOT MURDER, “substantial risk” expanded mens rea of murder too much (HoL), could not imply indirect intention 

MANSLAUGHTER:

Dawes

Loss of self-control - need not be sudden Lord Judge CJ -> ‘it does not matter whether was certain or not’ , ‘Different individuals in different situations do not react identically, nor respond immediately.’

R v Clinton [2012]

Sexual infidelity - could not count as trigger BUT if in ‘context’

R v Rejmanski

defendant’s mental condition can be taken into account when deciding whether an act was insult was a serious wrong (for personality disorders / mental health conditions / religious context)