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Criminal Law Lecture Conduct of Homicide June 2006 Homicide









Constructi#e Murder



Diminished !es&onsi'ilit%

Criminal )egligence


*nla+ful , Dangerous Act

Definition - Cokes definition of murder: 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 Kings peace with malice afore thought, either express by the party or implied by law, so that the party wounded or hurt etc die of the wound or hurt etc within a year and a day after the same Crimes Act 1900 s18 (1)(a) Murder shall be taken to have been committed where the act of the accused, or thing done by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit or during immediately after the commission by the accused or some accomplice with him or her of a crime punishable by imprisonment for life or ! years" (1)(b) #very other punishable homicide shall be taken as manslaughter ( )(a) $o act or omission which was not malicious or for which the accused had lawful cause or excuse shall be within this section" (%) $o punishment or forfeiture shall be incurred by any person who kills another by misfortune only"

Elements of Murder (Actus Reus) 1- Death of a human 'eing .- Caused '% the Defendants act or omission /- During the commission of a crime or attem&ted commission of a crime carr%ing sentence of .0 %ears im&risonment Mens Rea 1- "ntention to kill1 or intention to inflict grie#ous 'odil% harm .- !eckless indifference /- "f death in#ol#ed an omission '% the accused1 such omission must 'e malicious Human Being &irth - Crimes Act 1900 2) 3- s.0 'n the trial of a person for the murder of a child, such child shall be held to have been born alive if it has breathed, and has been wholly born into the world whether it has had an independent circulation or not -(utty 4190/5 $6! //8 - Martin ($o ) 21997- 87 A Crim ! 1// )eath - Human 8issue Act 198/ 2) 3- - s// - 8here has 'een irre#ersi'le cessation of all function of the &ersons 'rain9 - "rre#ersi'le cessation of all circulation of 'lood in the &ersons 'od% - Malcherek 419815 . All :! ;.. ear and a da! Rule 8he !ule )yson 419085 . <= ;0; #vans * +ardiner 2)0 .- 419>75 $! 0.0 Crimes Act 1900 2) 3- s1>A ,he rule of law that it is conclusively presumed that an in-ury was not the cause of death of a person if the person dies after the expiration of the period of a year and a day after the date on which the person received the in-ury is abrogated

"oluntar! Conduct $oluntariness - .yan 2197>- 1.1 C6! .00 - /alconer 21990- 1>1 C6! /0 - 0imine1 2199.- 1>/ C6! 0>. while he was asleep his actions were not conscious or voluntary and he could not be criminally responsible for driving the car in a manner dangerous to the public" ?nus of (roof 1- Cro+n must dis&ro#e non-insane automatism 'e%ond a reasona'le dou't .- "f the% do onus is on D to &ro#e disease of mind or mental infirmit% on the 'alance of &ro'a'ilities Causation Causal Chain - 8here must 'e a link 'et+een an act of D and death @+ithout +hich it +ouldnt ha#e ha&&enedA .oyall 21991- 1>. C6! />8 - A ne+ inter#ening un&redicta'le act 2no#us actus inter#eniens- can 'reak the chain '% taking o#er as the dominant cause of harm 2mith 419095 . B= /0 - (redicta'le e#ents do not 'reak the chain (allett 419795 A ! 1;1 - Ds act need not 'e the sole cause of death1 it can o&erate +ith other causal e#ents 'ut must re&resent more than a Cmere de minimus and 'e a Csu'stantial cause (allett 419795 A ! 1;1 - A common sense test is also &referred 3ampbell 419815 3A! .87 8ake %our #ictim as %ou find him eggshell skull &rinci&le - &laue 419>05 / All :! ;;7 $s negligence does not 'reak chain - &laue 419>05 / All :! ;;7 - &utcher 21987- $! ;/ Medical 8reatment - Malcherek * 2teel 419815 . All :! ;.. - 2mith 419715 AC .90 com&are 0ordan 21907- ;0 Crim A&& ! 10. Drightening to Death - .oyall 21991- 1>. C6! />8

Cases - 0ordan 21907- ;0 Crim A&& ! 10. - 2mith 419715 AC .90 - (allett 419795 A ! 1;1 4whether an act or series of acts (in exceptional cases, an omission or series of omissions) consciously performed by the accused is or are so connected with the event they must be regarded as having a sufficiently substantial causal effect which subsisted up to the happening of the event, without being spent or without in the eyes of the law being interrupted by some other act or event" - &laue 419>05 / All :! ;;7 - #vans and +ardiner ($o ) 419>75 $! 0.0 )eath is, of course, inevitable" (omicide is really the acceleration of the event" 5ccordingly, if a victim received from one assailant an in-ury which would or might ultimately result in death, but before that event occurred he received from another assailant a further in-ury which accelerated his death, the second assailant would only be guilty of an attempt to commit homicide - Malcherek * 2teel 419815 . All :! ;.. - .oyall 21991- 1>. C6! />8 1E u'stantial cause test .E )atural conseFuences test /E !easona'le foresight of the conseFuences test ;E )o#us actus inter#eniens test - 0emielita 21990- 81 A Crim ! ;09 - Moffat 2.000- 11. A Crim ! .01 - 5rulthilakan v . 2.00/- .0/ A6! .09 #mission to $erform legal dut! .ussell 419//5 $6! 09 a being under a duty by reason of his parenthood of caring for the safety of the children in his charge and his power, would come under a duty to take steps to prevent the commission of that crime by his wife, and his failure to discharge that duty (standing by and doing nothing), would make him guilty of M2" 6f he was not merely a silent observer and was encouraging his wife to commit suicide and kill the kids, he would be guilty of murder" ,aktak 21988- 1; ) 36! ..7 2tone * )obinson 419>>5 1 B= /0; Miller 4198/5 . AC 171