Structure for MurderVoluntary Manslaughter Questions AR Actus Reus

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Structure for Murder/Voluntary Manslaughter Questions AR • Actus Reus – Did D’s conduct lead

Structure for Murder/Voluntary Manslaughter Questions AR • Actus Reus – Did D’s conduct lead to the unlawful killing of another human being? MR • Mens Rea – is there evidence that D intended to kill or cause GBH? VM • Can D plead a special defence? • Loss of Control or Diminished Responsibility of both?

Exam Tips 1. If something is very obvious, discuss it very briefly – e.

Exam Tips 1. If something is very obvious, discuss it very briefly – e. g. there is clear intent to kill so no question of Mens Rea, then move on to other issues 2. Make sure you state the law and then apply it to the facts in the question, making sure you use relevant cases 3. Try to reach a conclusion 4. If the question suggests domestic abuse be prepared to discuss Loss of Control and Diminished Responsibility (“battered woman syndrome”) 5. Actus Reus will usually focus on causation (look out for medical negligence(NAI of 3 rd party), thin skull rule, victims escaping (NAI of victim)) 6. Be prepared to discuss both of the qualifying triggers in Loss of Control questions where the facts suggest this

Murder • Actus Reus: • Unlawful killing • Of a reasonable person in being

Murder • Actus Reus: • Unlawful killing • Of a reasonable person in being • Under the Queen’s peace • Causation: • Factual Causation (“But for” test) • Legal Causation (Substantial and Operating cause • Any Novus Actus Interveniens? (by 3 rd party or victim) • Mens Rea: • Express and Implied malice • Direct and Indirect Intent – if indirect consider foresight of consequences • Transferred Malice

Partial Defence of Loss of Control 1. Did D actually lose self-control? • Was

Partial Defence of Loss of Control 1. Did D actually lose self-control? • Was there a delay between the incident causing the loss of control and the killing? Is this relevant? 2. Did D lose control because of one of the qualifying triggers? a) Fear of serious violence from V (subjective test) b) Things done and/or said which constituted circumstances of a grave character and also caused D to have a justifiable sense of being seriously wronged (objective test) 3. Do one of the restrictions apply? a) Did D incite the victim? b) Did D lose control because of sexual infidelity? If so, are there any other factors that could be considered (Clinton)? c) Was D acting out of a considered desire for revenge? 4. Objective test - A person of D’s age and sex, with a normal degree of tolerance and self-restraint and in the circumstances of D might have reacted in the same or a similar way

Partial Defence of Diminished Responsibility • Abnormality of mental functioning arising from a recognised

Partial Defence of Diminished Responsibility • Abnormality of mental functioning arising from a recognised medical condition • Substantially impairing D’s ability to: • Understand the nature of his conduct; or • Form a rational judgement; or • Exercise self-control • Abnormality of mind must provide an explanation for the killing (causal link) • Consider effects of intoxication – disregard all voluntary intoxication • If Alcohol Dependency Syndrome – jury to only consider effects of involuntary intoxication and disregard voluntary intoxication

When you first read a scenario… • Highlight and annotate the scenario to show

When you first read a scenario… • Highlight and annotate the scenario to show the relevant points • Then work through using the structures we have discussed quickly dealing with obvious issues and spending longer on contentious matters • Plan time carefully to make sure you deal with all relevant points in the scenario • As you work through each offence use the following structure: • Identify – the appropriate offence/defence • Define – the offence/defence • Explain – the legal rules • Apply – these rules to the facts of the question using authorities (cases and statutes) to support your answer