Fatal Offences - Murder and Manslaughter

• What is the modern definition of murder?

  “murder is when a person intending to kill or cause grievous bodily harm unlawfully kills another person”
• Murder is an indictable offence so is only tried in the Crown Court by a jury trial
• What are the punishments for murder?

  • Mandatory Life Imprisonment
  • Minimum Tariff
  • Release on Parole
  • Whole life order
• What is the actus reus for murder?

  A person unlawfully kills another person
• What is the mens rea for murder?

  Intention to cause death or GBH
• To convict someone of murder, both factual and legal causation must be proven
• How is factual causation found?

  • The 'but for' test as established in White [1910]
  • The defendant's conduct must accelerate the victim's death
  • R v Dyson [1908] - Victim died sooner due to D's actions
• What is legal causation?

  The defendant's conduct must be substantial, blameworthy and operating cause of the victim's death

  R v Hughes [2013] - driving without insurance
• What defences are available to murder?

  • Self-defence
  • Necessity
  • Prevention of crime
• What is the legal test for establishing the men's rea for murder?

  The Woollin Test: the defendant must realise that death is a virtually certain consequence of their actions
• What is unlawful act manslaughter?

  The defendant must have performed an unlawful, objectively dangerous act that caused the death of the victim
• What is the actus reus for UAM?

  an unlawful, objectively dangerous act that caused the victim's death
• What is the mens rea for UAM?

  Intention to commit the unlawful act
• The actus reus and mens rea for the base crime must also be established
• What are the four elements of gross negligence manslaughter?

  • A duty of care was owed by the defendant to the victim
  • The duty of care was breached by the defendant
  • This breach caused the death of the victim
  • A serious and obvious risk of death
  • This breach was so gross as to justify a criminal conviction