Homicide offences

• What is the intention required for a murder charge?

  Intention to kill or cause grievous bodily harm
• Why is a foetus not considered a human being in the context of homicide?

  Because the law does not recognize a foetus as a human being for homicide charges
• How is death defined in the context of homicide?

  Death is defined as being medically brain dead
• What is the consequence of a partial defence in homicide cases?

  The defendant would be charged with voluntary manslaughter
• What must a defendant demonstrate for diminished responsibility in homicide cases?

  • An abnormality of mental functioning
  • Arising from a medically recognized condition
  • Substantially impaired ability to:
  • Understand the nature of conduct
  • Form rational judgment
  • Exercise self-control
  • The abnormality must explain the killing
• What is the burden of proof for diminished responsibility?

  The burden of proof is on the defendant on balance of probabilities
• How might domestic abuse relate to diminished responsibility?

  A wife suffering from depression may act in a fury due to the abuse
• What constitutes loss of control in homicide cases?

  • The killing resulted from loss of self-control
  • Triggered by:
  • Fear of serious violence from the victim
  • Circumstances of an extremely grave character causing a justifiable sense of being wronged
  • A hypothetical person of D’s age and sex might have reacted similarly
• What is the burden of proof for loss of control in homicide cases?

  The burden of proof is on the prosecution to prove D did not lose control
• How might a husband's infidelity relate to loss of control?

  A husband cheating and taunting his wife could trigger her loss of control
• What are the two types of involuntary manslaughter?

  1. Unlawful Act Manslaughter:

  • D committed a criminal offence that risks death
  • Must be intentional, unlawful, dangerous, and cause death

  1. Gross Negligence Manslaughter:

  • D breached a duty of care with an obvious risk of death
• What must be proven for unlawful act manslaughter?

  The act must be intentional, unlawful, dangerous, and the cause of death
• What is required for gross negligence manslaughter?

  The defendant must have breached a duty of care with an obvious risk of death