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Homicide

Homicide. What do we mean by homicide?. 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.

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Homicide

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  1. Homicide What do we mean by homicide?

  2. 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

  3. Objectives • Define what is meant by homicide • Explain the difference between the categories of homicide • Describethe minor actus reus elements of murder

  4. 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: • Which of the case studies you have looked at is the most serious? • Which should carry the greatest penalty? • How do you think those responsible in these cases should be dealt with? • Can you find a link between the cases you have looked at and the ones you identified in the starter • Can you think of what the names of the categories of homicide these case studies fit into?

  5. 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

  6. 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 rerumnaturaunder 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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 non-adherence to the rules of the game.

  11. 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).

  12. 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 case1997. 

  13. Objectives • Define what is meant by homicide • Explain the difference between the categories of homicide • Describethe minor actus reus elements of murder

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