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Lecture notes, lecture semester 2 - Homicide handout
Criminal Law (University of Leicester)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by Shrina Sokhi ()
, lOMoARcPSD|805298
Criminal Law Sally Kyd 2015
SCHOOL OF LAW
CRIMINAL LAW
LW2220 & LW2225
LECTURE HAND-OUT
HOMICIDE
Sally Kyd
2015/16
1
Downloaded by Shrina Sokhi ()
, lOMoARcPSD|805298
Criminal Law Sally Kyd 2015
Fletcher, G. P. (1978) Rethinking Criminal Law (he talks about what is
unique about homicide)
“There are three prominent starting places for thinking about criminal
liability. In the pattern of manifest criminality, the point of departure is an act
that threatens the peace and order of community life. In the theory of
subjective criminality, the starting place is the actor’s intent to violate a
protected legal interest. In the law of homicide, the focal point is neither the
act nor the intent, but the fact of death. This overpowering fact is the point at
which the law begins to draw the radius of liability. From this central point,
the perspective is: who can be held accountable, and in what way, for the
desecration of the human and divine realms?” – the law when we come to
homicide assumes when someones dead we should be looking for someone to
criminalise for the death – how remote does this become. although fletcher
says starting point is death that’s not always good cos you need to look at
culpability
males are most likely to be both the Vs and the Ds in homicide. of the 236 suspects against
whom proceedings had concluded in relation to homicides recorded in 2011/12, 89% were
male and just 11% were female, whilst 68% of homicide victims were male and 32% were
female.
the V is likely to have known the killer. In 2011/12, 78% of female victims were killed by
persons they knew, and 51% of females were killed by current or former partners. In the
same year, men were killed by people they knew in 54% of cases of these killings. 5% were
by current or former partners. In short, fewer women (15% of female victims) were killed by
strangers than men (34% of male victims).
of all the killings by suspects known to the V, 68% took place during a quarrel, loss of
temper, or were motivated by revenge; of killings by strangers, 43% took place in these
circumstances. Of all homicides, only 9% occurred during robberies or burglaries.
children under 1 have consistently been shown to be most at risk of homicide. In 2011/12,
there were 21 children under 1 year killed per million population in that age group,
compared with 15 persons for 16-29 age group (the next highest band).
The official stats do not reflect, according to Miles, the influence that alcohol and drugs may
have on fatal violence. She found that data taken from the Home Office Homicide Index
revealed only that 18% of homicides in England and Wales between 1995 and 2005 were
recorded as ‘intoxicated-related’. Her analysis of police files and interviews with offends, on
the other hand, led to her recording 67% of cases as intoxicated-related.
Species of Homicide
• Murder
2
Downloaded by Shrina Sokhi ()
, lOMoARcPSD|805298
Criminal Law Sally Kyd 2015
• Manslaughter
- Involuntary manslaughter (lack of MR for murder: constructive; gross negligence;
reckless)
- Voluntary manslaughter (D has partial defence)
• Both manslaughter and murder share a common actus reus.
• In 1994 the Law Commission recommended the abolishment of the year and a day
rule. The recommendation was implemented by the Law Reform (Year and a Day
Rule) Act 1996 s.1 which abolished the rule for all purposes. However, because of
concerns about prosecutions being brought many years after the infliction of injury,
s2 requires the consent of the Attorney-General to proceedings against a person for a
fatal offence. The remaining elements of the actus reus are unaffected by the reform:
1. “unlawfully’ : some killings, such as those in self-defence, may be justified and
therefore lawful
2. “killing”: the act (or omission) of the D must have killed the V; it must have
been the legal cause of the death of the V. Causation must be established
3. “a reasonable person who is in being” : the V must be a human being who
was alive at the time of the Ds actions.
4. “under the King’s Peace” : all human beings are under the “Queen’s” peace
except an alien enemy “in the heat of war, and in the actual exercise thereof”
• Other statutory homicide offences:
– Infanticide – committed very rarely, only applies to mothers who kill their
child within 12 months of the child being born
– Encouraging or assisting suicide – don’t really look at this
– Causing or allowing the death of a child or vulnerable adult
– Vehicular Homicide
Murder – common law offence. no definition in statute. best definition
comes from Coke:
"Murder is when a man of sound memory, and at the age of discretion, unlawfully ( lack of
defence) killeth (actus reus) within any county of the realm any reasonable creature in
rerum natura [human being or person] under the king's peace, with malice aforethought
(mens rea), either expressed by the party or implied by law, so as the party wounded, or
hurt etc. die of the wound or hurt etc. within a year and a day after the same." (Coke, 3 Inst.
47) – used to be a rule that to be liable for murder, the v must die within a year and a day of
being injured but now there is no time constraint.
NB – year and a day rule abolished by Law Reform (Year and a Day Rule) Act 1996
murder is committed when a D commits the actus reus of homicide with malice
aforethought
defining the parameters of murder is thus primarily a task of defining malice
aforethought, the mens rea of murder
3
Downloaded by Shrina Sokhi ()
Lecture notes, lecture semester 2 - Homicide handout
Criminal Law (University of Leicester)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by Shrina Sokhi ()
, lOMoARcPSD|805298
Criminal Law Sally Kyd 2015
SCHOOL OF LAW
CRIMINAL LAW
LW2220 & LW2225
LECTURE HAND-OUT
HOMICIDE
Sally Kyd
2015/16
1
Downloaded by Shrina Sokhi ()
, lOMoARcPSD|805298
Criminal Law Sally Kyd 2015
Fletcher, G. P. (1978) Rethinking Criminal Law (he talks about what is
unique about homicide)
“There are three prominent starting places for thinking about criminal
liability. In the pattern of manifest criminality, the point of departure is an act
that threatens the peace and order of community life. In the theory of
subjective criminality, the starting place is the actor’s intent to violate a
protected legal interest. In the law of homicide, the focal point is neither the
act nor the intent, but the fact of death. This overpowering fact is the point at
which the law begins to draw the radius of liability. From this central point,
the perspective is: who can be held accountable, and in what way, for the
desecration of the human and divine realms?” – the law when we come to
homicide assumes when someones dead we should be looking for someone to
criminalise for the death – how remote does this become. although fletcher
says starting point is death that’s not always good cos you need to look at
culpability
males are most likely to be both the Vs and the Ds in homicide. of the 236 suspects against
whom proceedings had concluded in relation to homicides recorded in 2011/12, 89% were
male and just 11% were female, whilst 68% of homicide victims were male and 32% were
female.
the V is likely to have known the killer. In 2011/12, 78% of female victims were killed by
persons they knew, and 51% of females were killed by current or former partners. In the
same year, men were killed by people they knew in 54% of cases of these killings. 5% were
by current or former partners. In short, fewer women (15% of female victims) were killed by
strangers than men (34% of male victims).
of all the killings by suspects known to the V, 68% took place during a quarrel, loss of
temper, or were motivated by revenge; of killings by strangers, 43% took place in these
circumstances. Of all homicides, only 9% occurred during robberies or burglaries.
children under 1 have consistently been shown to be most at risk of homicide. In 2011/12,
there were 21 children under 1 year killed per million population in that age group,
compared with 15 persons for 16-29 age group (the next highest band).
The official stats do not reflect, according to Miles, the influence that alcohol and drugs may
have on fatal violence. She found that data taken from the Home Office Homicide Index
revealed only that 18% of homicides in England and Wales between 1995 and 2005 were
recorded as ‘intoxicated-related’. Her analysis of police files and interviews with offends, on
the other hand, led to her recording 67% of cases as intoxicated-related.
Species of Homicide
• Murder
2
Downloaded by Shrina Sokhi ()
, lOMoARcPSD|805298
Criminal Law Sally Kyd 2015
• Manslaughter
- Involuntary manslaughter (lack of MR for murder: constructive; gross negligence;
reckless)
- Voluntary manslaughter (D has partial defence)
• Both manslaughter and murder share a common actus reus.
• In 1994 the Law Commission recommended the abolishment of the year and a day
rule. The recommendation was implemented by the Law Reform (Year and a Day
Rule) Act 1996 s.1 which abolished the rule for all purposes. However, because of
concerns about prosecutions being brought many years after the infliction of injury,
s2 requires the consent of the Attorney-General to proceedings against a person for a
fatal offence. The remaining elements of the actus reus are unaffected by the reform:
1. “unlawfully’ : some killings, such as those in self-defence, may be justified and
therefore lawful
2. “killing”: the act (or omission) of the D must have killed the V; it must have
been the legal cause of the death of the V. Causation must be established
3. “a reasonable person who is in being” : the V must be a human being who
was alive at the time of the Ds actions.
4. “under the King’s Peace” : all human beings are under the “Queen’s” peace
except an alien enemy “in the heat of war, and in the actual exercise thereof”
• Other statutory homicide offences:
– Infanticide – committed very rarely, only applies to mothers who kill their
child within 12 months of the child being born
– Encouraging or assisting suicide – don’t really look at this
– Causing or allowing the death of a child or vulnerable adult
– Vehicular Homicide
Murder – common law offence. no definition in statute. best definition
comes from Coke:
"Murder is when a man of sound memory, and at the age of discretion, unlawfully ( lack of
defence) killeth (actus reus) within any county of the realm any reasonable creature in
rerum natura [human being or person] under the king's peace, with malice aforethought
(mens rea), either expressed by the party or implied by law, so as the party wounded, or
hurt etc. die of the wound or hurt etc. within a year and a day after the same." (Coke, 3 Inst.
47) – used to be a rule that to be liable for murder, the v must die within a year and a day of
being injured but now there is no time constraint.
NB – year and a day rule abolished by Law Reform (Year and a Day Rule) Act 1996
murder is committed when a D commits the actus reus of homicide with malice
aforethought
defining the parameters of murder is thus primarily a task of defining malice
aforethought, the mens rea of murder
3
Downloaded by Shrina Sokhi ()
