HOMICIDE
NON-FATAL OFFENCES AGAINST PERSON
Involuntary Manslaughter
s.18 Murder/
s.47 s.20 Gross
Wounding or Voluntary Unlawful act
Assault Battery Assault Wounding or negligence
causing GBH Manslaughter manslaughter
occasioning ABH Inflicting GBH manslaughter
with intent
Definition Any act by which Any act by Any assault or Any wounding or Any wounding The unlawful killing A duty of care Causing of
D, intentionally or which D, battery infliction of GBH or infliction of of another person was breached death by an
recklessly, causes intentionally occasioning ABH with malicious GBH with under Q’s peace gross negligently intentional,
V to apprehend or recklessly, aforethought of malicious with intention to and caused unlawful and
unlawful inflict unlawful some harm aforethought kill or cause GBH death dangerous act
immediate personal force of causing
violence against V GBH
AR Result 1. apprehension 1. force 1. assault or 1. wounding 1. unlawful 1. duty of care 1. intentional
2. imminent 2. unlawful battery 2. infliction of GBH 2. another person 2. breach 2. unlawful
3. unlawful (a) infliction 3. under Q’s peace 3. grossly 3. dangerous
(b) GBH negligent
Others No requirement of causing ABH 2. causing ABH Causing Wound or GBH 4. Causing death
MR 1. subjective recklessness, or Malicious 1. Intention to cause GBH; or n/a n/a
2. intention foresight of risk 2. persist or prevent lawful
of harm (but not apprehension or detention
necessarily AND
intention to 1. Intention to cause GBH or kill
cause or foresee (a) direct intention
GBH) (b) indirect intention
Defence General defence General General defence General defence General (a) diminished
defence defence responsibility
i. AMF
ii. substantial
impairment or
disability
iii. causal link
(b) loss of control
i. loss of self-
control
ii. qualifying trigger
iii. tolerance and
constraint
NON-FATAL OFFENCES AGAINST PERSON
Involuntary Manslaughter
s.18 Murder/
s.47 s.20 Gross
Wounding or Voluntary Unlawful act
Assault Battery Assault Wounding or negligence
causing GBH Manslaughter manslaughter
occasioning ABH Inflicting GBH manslaughter
with intent
Definition Any act by which Any act by Any assault or Any wounding or Any wounding The unlawful killing A duty of care Causing of
D, intentionally or which D, battery infliction of GBH or infliction of of another person was breached death by an
recklessly, causes intentionally occasioning ABH with malicious GBH with under Q’s peace gross negligently intentional,
V to apprehend or recklessly, aforethought of malicious with intention to and caused unlawful and
unlawful inflict unlawful some harm aforethought kill or cause GBH death dangerous act
immediate personal force of causing
violence against V GBH
AR Result 1. apprehension 1. force 1. assault or 1. wounding 1. unlawful 1. duty of care 1. intentional
2. imminent 2. unlawful battery 2. infliction of GBH 2. another person 2. breach 2. unlawful
3. unlawful (a) infliction 3. under Q’s peace 3. grossly 3. dangerous
(b) GBH negligent
Others No requirement of causing ABH 2. causing ABH Causing Wound or GBH 4. Causing death
MR 1. subjective recklessness, or Malicious 1. Intention to cause GBH; or n/a n/a
2. intention foresight of risk 2. persist or prevent lawful
of harm (but not apprehension or detention
necessarily AND
intention to 1. Intention to cause GBH or kill
cause or foresee (a) direct intention
GBH) (b) indirect intention
Defence General defence General General defence General defence General (a) diminished
defence defence responsibility
i. AMF
ii. substantial
impairment or
disability
iii. causal link
(b) loss of control
i. loss of self-
control
ii. qualifying trigger
iii. tolerance and
constraint
