Conduct of Homicide

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Criminal Law Lecture

Conduct of Homicide

June 2006

Homicide

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 peacewith 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 someaccomplice 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"

Homicide

Murder Manslaughter uicide

!eckless "ntentionalConstructi#e

Murder$oluntar% "n#oluntar%

Diminished!es&onsi'ilit%

(ro#ocation

Criminal)egligence

*nla+ful ,Dangerous Act

"nfanticide tatutor%

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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 . %ears im&risonment

Mens Rea

1 "ntention to kill or intention to inflict grie#ous 'odil% harm

. !eckless indifference

/ "f death in#ol#ed an omission '% the accused 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

-utty419/5 $6! //8

- Martin ($o )21997 87 A Crim ! 1//

eath

- Human issue Act 198/ 2)3 - s//

- here has 'een irre#ersi'le cessation of all function of the &ersons

'rain

- "rre#ersi'le cessation of all circulation of 'lood in the &ersons 'od%

- Malcherek419815 . All ! ;..

ear and a da! Rule

- he !ule

- yson419085 . 75 $! .

- 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

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"oluntar! Conduct

$oluntariness

- .yan2197> 1.1 C6! .0

- /alconer 21990 1>1 C6! /0

- 0imine2199. 1>/ C6! >.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

- here must 'e a link 'et+een an act of D and death @+ithout +hich it +ouldnt

ha#e ha&&ened.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 2mith41995 . B= /

- (redicta'le e#ents do not 'reak the chainallett 419795 A! 1;1

- Ds act need not 'e the sole cause of death it can o&erate +ith other causal e#ents

'ut must re&resent more than a mere de minimus and 'e a su'stantial cause

allett 419795 A! 1;1

- A common sense test is also &referred3ampbell 419815 3A! .87

ake %our #ictim as %ou find him eggshell skull &rinci&le

- &laue 419>5 / All ! ;;7

$s negligence does not 'reak chain

- &laue419>5 / All ! ;;7

- &utcher21987 $! ;/

Medical reatment

-

Malcherek * 2teel 419815 . All ! ;..- 2mith419715 AC .90 com&are0ordan 2197 ;0 Crim A&& ! 1.

rightening to Death

- .oyall21991 1>. C6! />8

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Cases

- 0ordan2197 ;0 Crim A&& ! 1.

- 2mith419715 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 theaccused 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"

- &laue419>5 / All ! ;;7

- #vans and +ardiner ($o )419>75 $! .

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 afurther in-ury which accelerated his death, the second assailant

would only be guilty of an attempt to commit homicide

- Malcherek * 2teel419815 . All ! ;..

- .oyall21991 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

- 0emielita2199 81 A Crim ! ;09

- Moffat2.000 11. A Crim ! .01

- 5rulthilakan v .2.00/ .0/ A6! .9

#mission to $erform legal dut!

- .ussell419//5 $6! 9

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 suicideand kill the kids, he would be guilty of murder"

- aktak21988 1; )36! ..7

- 2tone * obinson419>>5 1 B= /;

- Miller4198/5 . AC 171

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Documents

Conduct of Homicide