Lecture Notes (as presentation) with the following title "Homicide". LLB Criminal Law, Revision. Faculty of arts and human Sciences. London South Bank University
Contents:
- Homicide;
- Causation in law: basic principles;
- Causation: Novus actus interveniens;
- Homicide: Murder;
- Homicide: Voluntary Manslaughter;
- Homicide: Provocation;
- Homicide: Diminished Responsibility;
- Homicide: Involuntary Manslaughter
Table of Contents
1. Homicide: Proving causation in fact
2. Causation in law: basic principles
3. Causation: Novus actus interveniens
4. Homicide: Murder
5. Homicide: Voluntary Manslaughter
5.1. Provocation
5.2. Diminished Responsibility
6. Homicide: Involuntary Manslaughter
6.1. Unlawful+dangerous act/constructive manslaughter
6.2. Gross Negligence manslaughter
Objectives and Topics
The primary objective of this material is to provide a comprehensive legal framework for understanding homicide, covering the essential elements of actus reus, mens rea, and the intricate principles of causation. The work aims to clarify the distinctions between various forms of homicide, specifically murder, voluntary manslaughter, and involuntary manslaughter.
- Causation in fact and law (including the 'but for' test and novus actus interveniens).
- The requirements for murder, focusing on malice aforethought.
- Heads of voluntary manslaughter, including provocation and diminished responsibility.
- Legal standards for involuntary manslaughter: constructive (unlawful act) and gross negligence manslaughter.
- Judicial interpretation of criminal liability through case law references.
Excerpt from the Book
Homicide: Involuntary Manslaughter
Gross negligence manslaughter
Where D causes death without committing an unlawful act: killing by gross negligence
Duty of care must exist
D’s conduct must be breach of duty of care
Objective test: has D’s conduct fallen below standards of a reasonable person
Chapter Summary
Homicide: Proving causation in fact: This chapter establishes the requirement of a causal link between the defendant's act or omission and the death, utilizing the 'but for' test.
Causation in law: basic principles: This section delineates the legal criteria for causation, emphasizing that the act must be more than de minimis and a substantial cause of death.
Causation: Novus actus interveniens: This chapter explores circumstances under which the chain of causation is broken, such as through the victim's own actions or the intervention of third parties.
Homicide: Murder: This section details the actus reus and mens rea (malice aforethought) necessary to satisfy the requirements for a murder conviction under the Homicide Act 1957.
Homicide: Voluntary Manslaughter: This chapter identifies categories of killing that are not murder, specifically provocation, diminished responsibility, infanticide, and suicide pacts.
Homicide: Involuntary Manslaughter: This chapter examines unintentional killings, focusing on unlawful act (constructive) manslaughter and the specific objective test for gross negligence manslaughter.
Keywords
Homicide, Causation, Murder, Manslaughter, Actus Reus, Mens Rea, Malice Aforethought, Provocation, Diminished Responsibility, Gross Negligence, Duty of Care, Unlawful Act, Novus Actus Interveniens, Criminal Liability, Homicide Act 1957
Frequently Asked Questions
What is the core focus of this publication?
This work provides a revision guide for LLB Criminal Law, specifically focusing on the legal definitions, requirements, and principles surrounding homicide offenses.
What are the primary thematic areas covered?
The material covers the mechanics of establishing causation, the legal elements of murder, and the distinct categories of voluntary and involuntary manslaughter.
What is the central research question or goal?
The goal is to provide a structured understanding of how the law determines liability for death, distinguishing between intentional crimes and those resulting from negligence or provocation.
Which scientific or legal methods are employed?
The text relies on statutory analysis (e.g., Homicide Act 1957) and common law principles derived from significant case law precedents.
What topics are discussed in the main section?
The main sections systematically break down the requirements for murder, the defenses or partial excuses of voluntary manslaughter, and the thresholds for constructive and gross negligence manslaughter.
Which keywords best describe this work?
Key terms include Homicide, Causation, Murder, Voluntary/Involuntary Manslaughter, and Gross Negligence.
How is the chain of causation determined in legal terms?
Causation involves both factual and legal components: factual via the 'but for' test, and legal by ensuring the defendant's act was an operating and substantial cause.
What determines whether a case falls under gross negligence manslaughter?
Liability is assessed through an objective test: whether the defendant breached a duty of care, creating a risk of death that is so significant it should be judged criminal, as established in R v Adomako.
- Quote paper
- James M. Corbett (Author), 2019, Homicide. Criminal Law. Lecture Notes, Munich, GRIN Verlag, https://www.grin.com/document/512410
