Notes describing what homicide is, including laws and especially exam, notes that you may take in the exam. Summary of important cases and definitions that will be useful.
Homicide revision notes:
… can take in the exam
….memorise
….know about it
Murder definition: The unlawful killing of another human being with malice aforethought.
There is no statutory definition of murder made therefore is a common-law offense. Most serious murders
carry a life sentence conviction which is most of the time 14 years.
Actus reus- is the act of a crime
Men’s rea- the mental element, the intention of the crime
Actus reus murder:
Unlawful killing is causing someone's death unless it was self-defense or involved killing an enemy in a
war. It is necessary to prove that D’s acts or omissions caused V’s death.
Death must occur meaning the heart is not beating anymore or the brain stopped working intending to look
at brain-stem death. A person kept in a vegetative state is considered still alive.
Human being: Rerum Natura
A person has to be born fully to be murdered. A case example is A-G Ref No.3 1994 (1997), where D
stabbed his pregnant girlfriend in the face, abdomen, and back when she was 22-24 weeks
pregnant. 17 days after the incident the woman went into premature labor. The baby died 121 days
later due to premature birth. On the death of the baby, D was charged with murder and
manslaughter. The trial judge held that he could not be convicted of murder or manslaughter since
the fetus was not a human being.
Under the Queen’s peace:
Killing someone at queen’s peace when there is no war. Killing enemy soldiers is not murder, the murder
of a prisoner of war is.
In any country of the realm:
If the crime (murder or manslaughter) is committed aboard by a British citizen they will have their trial in
England.
CAUSATION:
There are 3 main reasons for causation:
Factual causation, satisfied by the but-for test, if it wasn’t what the defendant did the victim would have
survived. If the main causation was not the defendant it is not established.
White v R (1910) The defendant put some poison in his mother's milk to kill her. Medical reports
revealed that she died from a heart attack and not the poison. The defendant was not liable for her
murder as his act of poisoning the milk was not the cause of death.
Legal causation looks at facts and blames considering the D’s contribution. Known as ‘de minimum
principle’. The D’s action needs to be the cause of death but must be a cause. Defendants must contribute
to death.
Kimsey (1986) Kimsey (K) and Osbourne (O) were driving at high speeds in an extremely close
convoy. Whilst doing so, there was an accident in which O's car clipped a verge and spun out of
control, collided with the side of K's car, and went into the path of oncoming traffic.
, Medical profession:
V’s wounds have healed by the time of death, it was held the defendant’s act has to be a significant cause
of death not necessarily the main cause.
Cheshire 1991 Cheshire shot a man during an argument. The victim was taken to hospital to have
surgery and shortly after developed respiratory issues. The doctors inserted a tracheostomy tube,
which remained in place for four weeks and initially improved the victim’s condition. Several days
later the victim complained of respiratory issues, his condition soon worsened and he died shortly
afterward. The post-mortem found that the victim’s windpipe had narrowed near the location where
the tracheotomy pipe had been inserted. Cheshire was subsequently charged with murder and
convicted. The decision was appealed.
V’s wounds have NOT healed at the time of death if the injury is an operating and important cause at the
time of death and the defendant will still be the cause.
Smith 1959
R v Smith [1959] The defendant, a soldier, got in a fight at an army barracks and stabbed another
soldier. The soldier died. The defendant was convicted of murder and appealed contending that if
the victim had received the correct medical treatment he would not have died.
Really bad medical treatment, if the medicine is causing more harm to the victim then the defendant is not
the cause.
Jordan (1956) Jordan, who worked for the United States Air Force, stabbed a man as the result of a
disturbance. The victim died in hospital eight days later. The post-mortem found that the victim
died of broncho-pneumonia following the abdominal injury sustained. The court in the first
instance found Jordan guilty. The doctor who treated the victim contacted the United States Air
Force authorities as he took a different view as to the cause of death. Leave was approved for the
gathering of further evidence.
Doctor switching off life support, the test of death is where the brain stem cells have died.
Malcherek & Steel (1981) These were two separate appeals that were heard together. In Malcherek,
the defendant stabbed the victim who then suffered irreversible brain damage. In Steel, the
defendant sexually assaulted his victim before repeatedly hitting them over the head, leaving her
brain dead. Due to these injuries, the victims in both cases were put on life support machines. The
doctors eventually switched off these machines, leading to their death
If the victim is trying to escape while hurt or killed there will be a daftness test. The jury will see if the
reaction of the victim is ‘daft’ (unnecessary) then the causation of d is declared.
Roberts 1972 After a party, the male defendant R gave the female victim a lift in his automobile.
The victim and the defendant had not met before. The defendant began making sexual advances
towards the victim which were rejected before attempting to pull off her coat. The victim then
opened the door and jumped out of the moving vehicle sustaining injuries as a result. The
defendant was charged with sexual assault and assault occasioning actual bodily harm and was
convicted at trial of assault occasioning actual bodily harm but acquitted of sexual assault. The
defendant appealed.
Self-neglect, the V self-neglect chain will not be broken.
Holland 1841 The defendant stabbed the victim multiple times. One of the wounds inflicted was a
cut across the finger. The doctor treating the victim told him that the finger needed amputating.
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