Homicide: action of the defendant and
whether it contributed to the
Under the homicide act 1957, the
death.
offences that fall under the
homicide category are referred to Men's rea for murder
as fatal offences: Murder, voluntary
-The offence must prove the
and involuntary manslaughter.
intention to kill or the intention to
Homicide can be lawful when: cause grievous bodily harm.
-Killing another person but using Malice aforethought-this is an
reasonable force in self-defence. intention to kill that is expressed
through words and threats or
-During wartime, where the
implied by conduct.
objective is to destroy the enemy-
-Direct intent-the defendant had
Where, in the interest of justice,
a purpose or desire to cause death.
force is used to make a lawful
arrest. -Indirect or oblique intent – a
defendant states that they did not
-In some countries, carrying out a
intend to cause death, but in fact
lawful death sentence.
believed that death was virtually
Murder certain.
According to sir Edward coke 1797 -For murder, the sentence is
murder “is when a man of sound mandatory life imprisonment: 30,
memory and of age of discretion, 25,25, 12 if the defendant is under
unlawfully Killett within any county 18.
of the realm any reasonable
-Murder=actus reus-causing death,
creature in rerum natura, under the
mens rea-intention either direct or
king’s peace, with malice
oblique.
aforethought, either expressed or
implied by the law, so as the party -Voluntary manslaughter=actus
wounded, or hurt, etc., die of the reus-causing death, mens rea-
wound, or hurt, etc., within a year intention, mitigated by loss of
and a day after the same. Actus control.
reus of murder is any action or
-Involuntary manslaughter=actus
conduct that caused the death of
reus-causing death, mens rea-
someone.
gross negligence, recklessness, or
Causation for murder intention to commit another crime.
-Factual causation – the but for Voluntary manslaughter
test. Legal causation examines the
whether it contributed to the
Under the homicide act 1957, the
death.
offences that fall under the
homicide category are referred to Men's rea for murder
as fatal offences: Murder, voluntary
-The offence must prove the
and involuntary manslaughter.
intention to kill or the intention to
Homicide can be lawful when: cause grievous bodily harm.
-Killing another person but using Malice aforethought-this is an
reasonable force in self-defence. intention to kill that is expressed
through words and threats or
-During wartime, where the
implied by conduct.
objective is to destroy the enemy-
-Direct intent-the defendant had
Where, in the interest of justice,
a purpose or desire to cause death.
force is used to make a lawful
arrest. -Indirect or oblique intent – a
defendant states that they did not
-In some countries, carrying out a
intend to cause death, but in fact
lawful death sentence.
believed that death was virtually
Murder certain.
According to sir Edward coke 1797 -For murder, the sentence is
murder “is when a man of sound mandatory life imprisonment: 30,
memory and of age of discretion, 25,25, 12 if the defendant is under
unlawfully Killett within any county 18.
of the realm any reasonable
-Murder=actus reus-causing death,
creature in rerum natura, under the
mens rea-intention either direct or
king’s peace, with malice
oblique.
aforethought, either expressed or
implied by the law, so as the party -Voluntary manslaughter=actus
wounded, or hurt, etc., die of the reus-causing death, mens rea-
wound, or hurt, etc., within a year intention, mitigated by loss of
and a day after the same. Actus control.
reus of murder is any action or
-Involuntary manslaughter=actus
conduct that caused the death of
reus-causing death, mens rea-
someone.
gross negligence, recklessness, or
Causation for murder intention to commit another crime.
-Factual causation – the but for Voluntary manslaughter
test. Legal causation examines the
