Law 03 Section A

Murder

Definition

The unlawful killing of a reasonable person in being under the Queen's peace with malice aforethought express or implied.

Actus Reus

The unlawful killing (Pretty) of a reasonable person in being (Malcherek)(AG-Ref No 3 of 1994) under the Queen's peace.

Mens Rea

Malice aforethough express (to kill) or implied (to cause GBH resulting in death)

• direct express - aim, purpose and desire to kill (Mohan)
• indrect express - virtual certainty and the defendant knew it as to kill (Woollin)
• direct implied - aim, purpose and desire to cause GBH resulting in death (Vickers)(Mohan)
• indirect implied - virtual certainty and the defendant knew it as to cause GBH resulting in death (Woollin)

Voluntary Manslaughter - Diminished Responsibility

Definition - Section 52 Coroners and Justice Act 2009

A person who kills or is a party to the killing of another is not to be convicted of murder if the defendant was suffering from an abnormality of mental functioning which: arose from a medical condition; substantially impaired the defendant ability to do one or more of the things mentioned in subsection 1A; provides an explanation for the defendant's acts and omissions in doing or being a party to the killing.

Abnormality of Mental Functioning

A state of mind so differnt from that of an ordinary human being that a reasonable person would term it abnormal (Byrne).

Recognised Medical Condition

Recognised medical conditions include: mental deficiency; pre-menstrual tension (R v Reynolds); depression (R v Gittens); battered wife syndrome (Ahluwalia).

Substantially Impairment

1A: to understand the nature of the defendant's conduct; to form a rational judgement; to exercise self control.

Provides an Explanation

Section 52(1B) states such an explanation is provided if the abnormality causes, or was at least a significant contributory factor in causing, the defendant to carry out the conduct.

Voluntary Manslaughter - Loss of Control

Definition

Section 54 Coroners and Justice Act 2009: Where a person kills or is a party to the killing of another, the defendant is not to be convicted of murder if: the defendant's act or omission results from a loss of self-control; the loss of self-control has a qualifying trigger; and a person of defendant's age and sex, with a normal degree of tolerance and self restrain and in the circumstances, might have reacted in the same…