1. IF V DIES:
& D cause V’s death
Factual & legal causation
Actus Reus
For all homicide offences
YES NO
D could be convicted of
MURDER
OR
Found guilty of lesser charge of:
VOLUNTARY MANSLAUGHTER
IF either of the following partial defences
specific to murder, succeeds:
D could be convicted of
INVOLUNTARY
MANSLAUGHTER
By way of:
Specific defences to murder:
Diminished Responsibility
S2 Homicide Act 1957as amended by S52
Coroners & Justice Act 2009
1. Abnormality of mental functioning
2. Due to recognised medical condition
3. Which substantially impairs D’s ability
to understand nature of conduct OR
form rational judgment OR exercise
self control
4. The abnormality provides explanation
for D causing V’s death : causal link
between medical condition & killing
OR
Loss of Control
S54,55 Coroners & Justice Act 2009
1. D lost control
2. Due to a qualifying trigger
3. reasonable person, same age/sex as D
but with ordinary powers of self control,
would have acted in same or similar
way as D did?
OR
Suicide Pact
S4 Homicide Act 1957
Did D & V make an agreement – both to die –
genuine intention to commit suicide
Unlawful & DangerousAct
[constructive manslaughter]
o Did D do a deliberate,
unlawful and dangerous
act, which caused V’s
death?
OR
Gross Negligence
o Did D breach a duty of care
to V, involving risk of
death, so that negligence
was a crime?
OR
Subjective Recklessness
o Did D foresee a risk of
death or gbh to V as being
highly probable?
MENS REA:
Did D intend death or gbh?
PROBLEM QUESTIONS OUTLINE