Homicide
Introductio
n
Homicide
What do we mean by homicide?
© The Law Bank
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Homicide
Introductio
n
Starter
• Individually think of as many different ways as possible that a
person can be liable for killing another human being.
• Once you have at least 5 each then carry out the round robin
exercise to share them.
• Combine all your answers and see if there are any clear
categories that emerge.
• Try and create your own elements of actus reus and mens
rea for murder
© The Law Bank
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Homicide
Introductio
n
Objectives
• Define what is meant by homicide
• Explain the difference between the categories of
homicide
• Describe the minor actus reus elements of
murder
© The Law Bank
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Homicide
Introductio
n
What is Homicide
• Take the case studies that you have been given and critically
evaluate the main differences between them. Once you have
done so answer the following questions:
1. Which of the case studies you have looked at is the most
serious?
2. Which should carry the greatest penalty?
3. How do you think those responsible in these cases should be
dealt with?
4. Can you find a link between the cases you have looked at and
the ones you identified in the starter
5. Can you think of what the names of the categories of
homicide these case studies fit into?
© The Law Bank
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Homicide
Introductio
n
Homicide – A family of offences
Homicide: family of offences linked by D causing death
• murder - requires intent to kill or commit GBH
• voluntary manslaughter - although intent to kill, reduced through
circumstances:
– diminished responsibility: s.2 Homicide Act 1957 (as amended)
– loss of control: s.54 Coroners and Justice Act 2009
• involuntary manslaughter - no intent to kill but blameworthy conduct:
– Constructive/unlawful act manslaughter
– Gross negligence manslaughter
– Subjective reckless manslaughter
• Other:
– infanticide: victim is under 1 year old
– causing death by dangerous driving : s.1 Road Traffic Act 1988
© The Law Bank
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Homicide
Introductio
n
Murder – The Definition
• Murder is when a man of sound memory and of the age of
discretion, unlawfully killeth within any county of the realm any
reasonable creature in rerum natura under the king's peace,
with malice aforethought, either expressed by the party or
implied by law…..”
• "(...so that the wounded party shall die of the wound or hurt, (within
a year and a day of the same)." This last sentence removed by The
Law Reform (Year and a Day Rule) Act 1996
• 17th Century rule - Coke's Institutes.
• Even today, murder is still a common law offence, the offence not
enacted by parliament.
© The Law Bank
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Homicide
Introductio
n
The Law Reform (Year and a Day Rule) Act 1996
• If the 'cause' of death occurs more than 3 years
before the victim died or D has already been
convicted of some other offence (e.g. grievous
bodily harm) in relation to the acts that caused
the death the consent of the Attorney General
must be secured before prosecution can be
brought.
• Otherwise, the normal rules of causation apply.
© The Law Bank
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Homicide
Introductio
n
Committed anywhere
• British citizen can be tried in a British court for
murder or manslaughter committed anywhere in
the world: Offences Against the Person Act
1861.
© The Law Bank
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Homicide
Introductio
n
Punishment
• The Murder (Abolition of Death Penalty) Act 1964, says
that a person convicted of murder must be sentenced to life
imprisonment.
• "Sentenced" to life does not mean "serve" a sentence of
imprisonment for the rest of their life.
• In practice, most are released after 10 - 15 years "on licence"
which means they can be recalled to prison for a many
reasons.
• So, part of the life sentence is served in prison, and the
remainder served not in prison.
© The Law Bank
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Homicide
Introductio
n
Death and Sport
• Sportsmen indulging in their sporting past times
consent to those inevitable injuries that occur as
a result of contact sports.
• R v Bruce (1847) established that a murder
charge would result if the death were caused by
above average violence in the 'game' or nonadherence to the rules of the game.
© The Law Bank
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Homicide
Introductio
n
Doctors and Death
• The mercy killing of a terminally ill patient does
not provide any defence, no matter how
compassionate. Doctors who kill are murderers.
R v Cox (1992).
© The Law Bank
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Homicide
Introductio
n
Plenary
• Read the article and state what the exception is
to the rule on the last slide about doctors and
euthanasia
• They may be immune from liability if the
treatment is to ease pain but incidentally
accelerates death, as shown by the Annie
Lindsell case 1997.
© The Law Bank
12
Homicide
Introductio
n
Objectives
• Define what is meant by homicide
• Explain the difference between the categories of
homicide
• Describe the minor actus reus elements of
murder
© The Law Bank
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