5. Murder and voluntary
manslaughter
5.1 Offences of unlawful homicide
all offences of homicide share actus reus
murder requires highest form of mens rea
where defendant has both actus reus and mens rea for murder with one of
special partial defences, liability for murder is reduced to manslaughter
voluntary manslaughter
special defences:
loss of control
diminished responsibility
suicide pact
involuntary manslaughter
defendant unlawfully causes death of victim with no mens rea for
murder
5.2 Murder
common law offence
carries mandatory sentence of life imprisonment
manslaughter carries discretionary life sentence
maximum sentence not a mandatory one
Unlawfully
offence of murder requires unlawful death of victim
defendant not guilty of criminal offence if death was caused lawfully
killing is lawful where it is justified, e.g. self-defence
5. Murder and voluntary manslaughter 1
, also defence of necessity (Re A [2001] - separation of conjoined twins)
also if patient dies as result of surgical procedure
factual causation - ‘but for’ test
defendant only guilty of murder or manslaughter if victim is a reasonable
creature in rerum natura
victim must be human being
killing of animal usually amounts to criminal damage
Poulton (1832) - baby is reasonable creature when has completely left
mother’s womb and has lived outside the womb
when abortion is unlawfully procured outside of Abortion Act 1967 it
is unlawful
under King’s peace
if defendant kills enemy combatant in war, he has a defence to charge
of murder
direct and oblique intent
Reform
first degree murder
carries mandatory life sentence
kills intentionally or with intention to do serious injustice with an
awareness of serious risk causing death
second degree murder
maximum sentence is discretionary life sentence
kills and intends to do serious injury
kills with intention to cause injury, aware of serious risk of causing
death
kills and there is partial defence to what would otherwise be first degree
murder
manslaughter
maximum sentence is discretionary life sentence
5. Murder and voluntary manslaughter 2
manslaughter
5.1 Offences of unlawful homicide
all offences of homicide share actus reus
murder requires highest form of mens rea
where defendant has both actus reus and mens rea for murder with one of
special partial defences, liability for murder is reduced to manslaughter
voluntary manslaughter
special defences:
loss of control
diminished responsibility
suicide pact
involuntary manslaughter
defendant unlawfully causes death of victim with no mens rea for
murder
5.2 Murder
common law offence
carries mandatory sentence of life imprisonment
manslaughter carries discretionary life sentence
maximum sentence not a mandatory one
Unlawfully
offence of murder requires unlawful death of victim
defendant not guilty of criminal offence if death was caused lawfully
killing is lawful where it is justified, e.g. self-defence
5. Murder and voluntary manslaughter 1
, also defence of necessity (Re A [2001] - separation of conjoined twins)
also if patient dies as result of surgical procedure
factual causation - ‘but for’ test
defendant only guilty of murder or manslaughter if victim is a reasonable
creature in rerum natura
victim must be human being
killing of animal usually amounts to criminal damage
Poulton (1832) - baby is reasonable creature when has completely left
mother’s womb and has lived outside the womb
when abortion is unlawfully procured outside of Abortion Act 1967 it
is unlawful
under King’s peace
if defendant kills enemy combatant in war, he has a defence to charge
of murder
direct and oblique intent
Reform
first degree murder
carries mandatory life sentence
kills intentionally or with intention to do serious injustice with an
awareness of serious risk causing death
second degree murder
maximum sentence is discretionary life sentence
kills and intends to do serious injury
kills with intention to cause injury, aware of serious risk of causing
death
kills and there is partial defence to what would otherwise be first degree
murder
manslaughter
maximum sentence is discretionary life sentence
5. Murder and voluntary manslaughter 2
