Homicide
May be lawful or unlawful.
Unlawful homicide
Murder
Manslaughter
Infantcide
Corporate manslaughter
Various ofences of causing death by use of a motor vehicle
Sources of these ofences
Common law= murder and manslaughter
Statute= all other ofences
Murder
Actus Reus: unlawful killing, of a human being, under the Queens peace.
(Basically the same for manslaughter and infantcide although they require proof of additonal
elements).
Queens peace
Usually= within the territorial boundaries of England and wales but… murder and manslaughter are
exceptonal because
A Britsh citzen who commits either ofence in any country or territory outside the UK is
subject to the jurisdicton of our criminal courts.
Common Actus Reus elements of the three ofences
The victm- there must be proof that D killed a reasonable person human being
Sadly, on rare occasions babies are born with unimaginable deformites to the point of being
unrecognisable as human. Some survive for hours, days even weeks. However deformed or disabled
they are human beings and protected by the law of homicide: Dudley v Stephens.
Re A 2001- conjoined twins. One baby has all the vital organs, while the other was relying on the one
twin. If they weren’t separated they may both die, if they was separated the one twin would
certainly die. The parents did not want the babies to be separated. The surgical separaton was
carried out.
When does life begin?
It is not homicide to destroy a baby not yet born alive nor to cause it to be stllborn (atorney general
reference no3 of 1994- pregnant woman is stabbed, baby died as a result but D was not charged
with murder as the baby was not regarded as a person)
If a person is alive, however brief the tme lee for her, or however disabled she may be- that person
is protected by the law of homicide: Dudley v Stephens.
Mercy killing is NOT permited
May be lawful or unlawful.
Unlawful homicide
Murder
Manslaughter
Infantcide
Corporate manslaughter
Various ofences of causing death by use of a motor vehicle
Sources of these ofences
Common law= murder and manslaughter
Statute= all other ofences
Murder
Actus Reus: unlawful killing, of a human being, under the Queens peace.
(Basically the same for manslaughter and infantcide although they require proof of additonal
elements).
Queens peace
Usually= within the territorial boundaries of England and wales but… murder and manslaughter are
exceptonal because
A Britsh citzen who commits either ofence in any country or territory outside the UK is
subject to the jurisdicton of our criminal courts.
Common Actus Reus elements of the three ofences
The victm- there must be proof that D killed a reasonable person human being
Sadly, on rare occasions babies are born with unimaginable deformites to the point of being
unrecognisable as human. Some survive for hours, days even weeks. However deformed or disabled
they are human beings and protected by the law of homicide: Dudley v Stephens.
Re A 2001- conjoined twins. One baby has all the vital organs, while the other was relying on the one
twin. If they weren’t separated they may both die, if they was separated the one twin would
certainly die. The parents did not want the babies to be separated. The surgical separaton was
carried out.
When does life begin?
It is not homicide to destroy a baby not yet born alive nor to cause it to be stllborn (atorney general
reference no3 of 1994- pregnant woman is stabbed, baby died as a result but D was not charged
with murder as the baby was not regarded as a person)
If a person is alive, however brief the tme lee for her, or however disabled she may be- that person
is protected by the law of homicide: Dudley v Stephens.
Mercy killing is NOT permited
