Criminal Homocide and Defences; Unit 3 - Notes

Murder
The unlawful killing of another human being under the Queen's Peace with Malice aforethought

`Causes' the unlawful death
The prosecution must prove beyond all reasonable doubt that D caused V's death.
`But For' test: Would have occurred (White) / Wouldn't have occurred (Pagett)
More than a trifling link between…

Impaired ability
Substantially doesn't mean totally nor does it mean trivial (Lloyd)
Must impair D's ability to:
Understand the nature of their conduct
Form a rational judgement
Control their self

Provides an explanation
They must kill because they're mentally impaired, abnormality and death must be linked
The mental impairment must…

Gross Negligence
Killing by an omission or by a lawful act done in an unlawful manner
Goes beyond a mere matter of compensation (Andrews)
Shows a disregard for the life and safety of others (Bateman)
Normal rules of duty and breach apply, if the breach is more than negligent it…

The mens rea is the mens rea of the constituting offence
It's not necessary for D to realise that act is unlawful and dangerous (Newbury and Jones)

Must commit an unlawful criminal act
This means the offence must be a criminal offence: (Cite the AR and MR of the offence)…

Actus Reus: Causing the victim to apprehend immediate, unlawful violence
Must genuinely believe that immediate violence will be inflicted (Logdon)
Immediate doesn't mean `instant' (Smith)
Hasn't got to be physical:
Words alone can constitute (Constanza) or disband an assault (Turberville)
Silent phone calls can form an assault (Ireland)
Mens Rea:…

Causing Grievous Bodily Harm with Intent
s18 of the Offences Against the Person Act 1861
GBH is the degree of harm, and not the offence itself
Actus Reus: Causing the victim GBH
GBH is really serious harm (Smith) or just serious harm (Saunders)
Sufficient psychological damage can also amount to…

Two types:
Voluntary Intoxication:
Become intoxicated by choice Crimes of specific intent (only intention)
Drunken intent is still intent (Sheehan and Moore)
Letting yourself become drunk is reckless (Majewski)
Involuntary Intoxication:
Can be used for basic intent crimes (Bailey); this includes the spiking
aaaaaaaaaaaaaa of drinks, taking prescribed drugs and…

D is given the benefit of the doubt on what he thought was honestly and instinctively necessary
(Palmer) but the force still has to be reasonable (Owino)

A mistaken belief can still be a defence if it was both honest and reasonable (Williams)
Intoxication quashes the defence (O'Grady)
V need…