Focus on specific criminal offenses related to homicide.
Homicide offenses:
Murder
Various forms of manslaughter
Aim: one lesson per offense due to their straightforward nature.
Understanding Homicide
Definition: Killing of an individual, either lawful or unlawful.
Types:
Murder
Manslaughter
Genocide
Assisted suicide
Murder
Definition: Killing with 'malice aforethought'.
Common Law Offense: No specific statute; defined by common law.
Lord Coke's Definition (17th Century):
"Murder is when a man of sound memory and age unlawfully killeth any reasonable creature in rerum natura under the king’s peace, with malice aforethought."
Key Components:
Actus Reus: Causing death of a person under king’s peace.
Mens Rea: Intention to kill or cause grievous bodily harm.
Case Studies
Crown vs. Maloney (1985):
Shooting contest led to accidental death.
Lack of intent to kill led to manslaughter conviction.
Crown vs. Hyam (1975):
Arson led to death of two children.
Conviction upheld due to foresight of consequences.
Crown vs. Woollin (1998):
Defined mens rea as intention to kill or cause grievous bodily harm.
Crown vs. Thabo Meli (1954):
Series of acts viewed as one continuing act for establishing coincidence of actus reus and mens rea.
Manslaughter
Types of Manslaughter:
Voluntary Manslaughter: Diminished responsibility, loss of control.
Involuntary Manslaughter
Voluntary Manslaughter
Diminished Responsibility (Section 52 of the Coroners and Justice Act 2009):
Requires abnormality of mental functioning.
Must arise from a recognized medical condition.
Must substantially impair ability to understand nature of conduct, form rational judgment, or exercise self-control.
Case Studies
Crown vs. Dowds (2012):
Voluntary intoxication not a recognized condition for diminished responsibility.
Crown vs. Conroy (2017):
Autism and ADHD recognized for diminished responsibility.
Crown vs. Gold (2016):
Substantial impairment defined as more than trivial.
Marine A Case (Sergeant Alexander Blackman):
Diminished responsibility through adjustment disorder.
Crown vs. Joyce (2017):
Paranoid schizophrenia as a main and significant factor for diminished responsibility.