Offences against the persons

• Murder


  The most serious of the fatal offences against the person, with a mandatory life sentence upon conviction
• Murder (definition)


  The unlawful killing of a reasonable person in being and under the King's (or Queen's) Peace with malice aforethought, express or implied
• Murder is a common law offence - it is not defined by any Act of Parliament
• The definition of murder is based on one given by a seventeenth-century judge, Lord Coke
• A person can be guilty of murder even though they did not intend to kill
• Voluntary manslaughter


  Arises where the defendant appears to satisfy the actus reus and mens rea of murder, but there are two special defences that reduce murder to manslaughter: loss of control and diminished responsibility
• Loss of control defence


  The defendant's acts and omissions in killing resulted from their loss of self-control, which had a qualifying trigger, and a person of the same sex and age with normal tolerance and self-restraint might have reacted similarly
• Loss of control defence


  • The defendant must have lost self-control

  1. There must be a qualifying trigger (fear of serious violence, or circumstances of extremely grave character causing a justifiable sense of being seriously wronged)
  2. A person of the same sex and age with normal tolerance and self-restraint might have reacted similarly
• Diminished responsibility defence


  The defendant was suffering from an abnormality of mental functioning arising from a recognised medical condition, which substantially impaired their ability to understand their conduct, form a rational judgment, or exercise self-control, and provided an explanation for the killing
• The burden of proving diminished responsibility is on the defendant, on the balance of probabilities
• Involuntary manslaughter


  An unlawful killing where the defendant does not have the intention, either direct or oblique, to kill or cause grievous bodily harm
• Alcoholism can be an abnormality
• The test is on the balance of probabilities under s 2(2) of the Homicide Act 1957
• Diminished responsibility is under s 2(3) of the Homicide Act 1957
• This could result in manslaughter
• Involuntary manslaughter


  Unlawful killing where the defendant does not have the intention, either direct or oblique, to kill or to cause grievous bodily harm
• Unlawful act manslaughter


  The defendant has done a dangerous unlawful act (a crime) which caused the death. This makes the defendant liable even though they did not realise that death or injury might occur.
• An omission cannot create unlawful act manslaughter
• The unlawful act need not be aimed at a person; it can be aimed at property
• Gross negligence manslaughter is committed where the defendant owes the victim a duty of care but breaches that duty in a way that is so criminal it is negligent, causing the death of the victim
• Gross negligence manslaughter can be committed by an act or an omission, neither of which has to be unlawful
• Gross negligence manslaughter typically involves death following medical treatment or care, death in the workplace or death in custody
• The prosecution must prove 6 elements to convict for gross negligence manslaughter:
• Burglary


  Entering a building or part of a building as a trespasser, with intent to commit theft or grievous bodily harm
• Section 9(1) Theft Act 1968


  Defendant must do one of four listed offences at time of entering, no need for ulterior offences to take place or even be attempted
• Section 9(1b) Theft Act 1968


  Defendant intends on entry is irrelevant, but prosecution must prove they committed or attempted to commit theft or grievous bodily harm
• Building or part of a building

  A solid non-mobile structure with doors, lock and can be connected to electricity. Extended meaning includes caravans and houseboats.
• Building or part of a building

  • Leathley: not mobile and therefore a building
  • Seekings & Gould: mobile and therefore not a building
• To be an offence, the defendant must enter as a trespasser and know they are a trespasser
• Where a defendant is given permission to enter but goes beyond that permission, can be considered a trespasser
• Entry requirements


  • Effective and substantial entry is enough
  • Effective entry only is enough
  • Entry does not have to be effective
• Mens rea requirements


  • Entering as a trespasser
  • Ulterior offence
  • Must know or be subjectively reckless as to whether they are trespassing
  • 9(1): must also have intent for ulterior offence
• 9(1b) must also have theft or GBH when committing or attempting to commit the actus reus of these offences
• Actus reus is the physical act of the crime, either an actual act or a failure to act
• Omissions include a failure to act under contractual duty, duty under a relationship, voluntary duty, duty under an official position, or duty under causing a chain of dangerous events
• State of affairs is the manner of being as opposed to doing, and can be involuntary
• Causation


  The actus reus must be the cause of the consequence to find a defendant guilty. The prosecution must show that the defendant's conduct was the factual cause, the defendant's conduct was the legal cause, and there was no intervening act.
• Causation in fact applies the "but for..." test, the consequence would not have happened but for the defendant's action
• Causation in law states that the defendant's act must be more than minimal but does not need to be substantial. There is no intervening act.
• The thin skull rule is taking a victim as you find them