Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the elements of murder and the partial defences which reduce a defendant’s liability to voluntary manslaughter. Murder is a common law offence that is committed when a defendant unlawfully causes the death of a person with an intention to kill or cause grievous bodily harm (GBH). Where a defendant has both the actus reus and mens rea for murder, but also has one of three special, partial defences available to him, his liability for murder is reduced to that of manslaughter (voluntary manslaughter). Loss of control, diminished responsibility, suicide pact, and infanticide are also discussed.
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Chapter
5. Murder and voluntary manslaughter
Chapter
12. Murder
Murder is generally regarded as the most serious crime (apart perhaps from treason) in England and Wales, yet it has not been defined by statute. This chapter discusses the offence of murder, who can commit murder, where it can be committed, who can be the victim, and whether killing a foetus/child in the womb or in the process of leaving the womb is murder. It also examines whether a dead person is capable of being murdered, unlawful killing as an important element of murder, the mens rea of murder or ‘malice aforethought’, constructive malice, the sentence for murder, and the Law Commission’s proposed reforms for the offence of murder.
Book
David Ormerod CBE, QC (Hon) and Karl Laird
This book, in its 16th edition, has been completely updated to include all legislative and case law developments and detailed analysis of the many recent developments since the last edition. The material on dishonesty has been rewritten to take account of developments following the Supreme Court’s decision in Ivey v Genting Casinos. The book begins with an introduction of definitions of crime and an explanation of the sources of criminal law followed by detailed analysis of the elements of a crime (actus reus and mens rea) including negligence and strict liability. Secondary liability is examined with an emphasis on analysing the Supreme Court’s judgment in Jogee, before exploring corporate and vicarious liability. Mental condition defences and the Law Commission’s proposals to reform them are examined alongside issues relating to mistake and intoxication. A comprehensive review of general defences includes the Court of Appeal’s controversial approach to self-defence in householder cases. The final chapter of the general part provides a detailed review of inchoate offences. The second part of the book examines specific offences including murder, manslaughter, other homicide offences, non-fatal offences, sexual offences, theft and robbery, and considers the Fraud Act 2006, burglary, offences of damages to property, offences against public order and road traffic offences.
Chapter
4. Murder and voluntary manslaughter
This chapter examines homicide law in England and Wales, focusing on murder and voluntary manslaughter. The chapter discusses the sentence for murder under the Criminal Justice Act 2003 and comments on the justification for the mandatory life sentence. It also reviews the most recent proposals for reform of murder and the mandatory sentence, and analyses court decisions in relevant cases. Voluntary manslaughter requires the actus reus and mens rea for murder but must also have a partial defence, such as loss of control or diminished responsibility as well as that of suicide pact under the Homicide Act 1957.
Chapter
R v Thabo Meli [1954] 1 WLR 228, Privy Council
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Thabo Meli [1954] 1 WLR 228, Privy Council. The document also included supporting commentary from author Jonathan Herring.
Chapter
R (Conway) v Secretary of State for Justice [2017] EWCA Civ 275, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Conway) v Secretary of State for Justice [2017] EWCA Civ 275, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
8. Homicide
This chapter discusses homicide offences. It covers in detail murder, defences specific to murder (resulting in a verdict of so-called ‘voluntary’ manslaughter), and so-called ‘involuntary’ manslaughter. However, these traditional topics no longer cover the whole ground, as Parliament has created a number of new homicide offences in recent years. It concludes with a review of the structure of the law of homicide, considering the question whether it is satisfactory to retain the centuries-old current structure, with murder at the top, and then manslaughter of different kinds beneath that, together with a hotchpotch of specialized homicide offences with varying degrees of gravity. For example, would the law be improved by introducing a new category of ‘second degree’ murder?
Chapter
R v Wallace [2019] EWCA Crim 690, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Wallace [2019] EWCA Crim 690, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R (Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v Cristea [2021] EWCA Crim 1597, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Cristea [2021] EWCA Crim 1597, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v Howe [1987] AC 417, House of Lords
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Howe [1987] AC 417, House of Lords. The document also included supporting commentary from author Jonathan Herring.
Chapter
7. Murder
This chapter examines the law on murder. It considers when does life begin and end for the purposes of the law of murder; should an intention to cause really serious harm suffice as the mens rea for murder; and how might this area of the law be reformed so as to reflect generally recognized principles of the criminal law?
Chapter
12. Murder
David Ormerod and Karl Laird
Murder is generally regarded as the most serious crime (apart perhaps from treason) in England and Wales, yet it has not been defined by statute. Anyone of sound memory and of the age of discretion can commit murder, but a corporation or other organization cannot be tried for murder because it cannot be sentenced to life imprisonment, the only penalty allowed by law. This chapter discusses the offence of murder, who can commit murder, where it can be committed, who can be the victim and whether killing a foetus/child in the womb or in the process of leaving the womb is murder. It also examines whether a dead person is capable of being murdered, unlawful killing as an important element of murder, the mens rea of murder or ‘malice aforethought’, constructive malice, the sentence for murder and the Law Commission’s proposed reforms for the offence of murder.
Chapter
8. Voluntary manslaughter
This chapter examines categories of manslaughter in which the defendant killed with the mens rea for murder, but qualified for one of the partial defences which reduced his crime to one of voluntary manslaughter. These defences are: loss of control, diminished responsibility, and suicide pacts and assisted suicide.
Chapter
9. Involuntary manslaughter
This chapter examines those types of manslaughter committed where the defendant lacks the mens rea for murder—called involuntary manslaughter. It considers whether the unlawful act manslaughter offence is too wide because there is minimal subjective fault required; whether the unlawful act manslaughter offence is too vague; whether a supplier of drugs can be liable for manslaughter if V dies from having taken them; and whether gross negligence manslaughter infringes the European Convention on Human Rights (ECHR).
Chapter
5. Homicide
This chapter discusses homicide in the criminal law, which can be divided into the following categories: murder, manslaughter, infanticide, and a number of specific offences concerned with causing death while driving—with the first two categories being by far the most important. It considers suicide pacts, mercy killing, and euthanasia; homicide statistics; non-homicide killings; and diminished responsibility. Significant academic and political energy is put into homicide law, considering the relatively few homicide offences that take place each year. What this reveals is that the law’s approach to homicide has great symbolic importance in both political and legal terms.
Chapter
9. Homicide
Michael J. Allen and Ian Edwards
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses offences of homicide: murder and manslaughter. Murder is unlawful homicide committed with ‘malice aforethought’ for which the penalty is life imprisonment. Manslaughter may be divided into voluntary and involuntary. Voluntary manslaughter arises where the accused has committed murder but circumstances of excuse or justification, either diminished responsibility or loss of self-control, are present reducing their culpability. The chapter analyses the scope of these defences, situating them in the context of the abolition in 2009 of the provocation defence. Involuntary manslaughter is an unlawful killing where the accused lacked malice aforethought but otherwise had a state of mind which the law treats as culpable. Unlawful act manslaughter covers situations where a person has unlawfully killed as a result of committing a separate unlawful act, such as a punch. Gross negligence manslaughter covers situations where a person has unlawfully killed as a result of a gross breach of a duty of care owed to the victim. The Law in Context feature examines the sentencing for homicide offences in light of new guidelines from the Sentencing Council.
Chapter
9. Homicide
Michael J. Allen and Ian Edwards
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses offences of homicide: murder and manslaughter. Murder is unlawful homicide committed with ‘malice aforethought’, the penalty being life imprisonment. Manslaughter generally covers all unlawful homicides which are not murder. The punishment for this offence is in the discretion of the court. Manslaughter may be divided into voluntary and involuntary manslaughter. Voluntary manslaughter arises where the accused has committed murder but circumstances of excuse or justification, either diminished responsibility or loss of self-control, are present, reducing his culpability. The chapter analyses the scope of these defences, situating them in the context of the abolition in 2009 of the provocation defence. Involuntary manslaughter is an unlawful killing where the accused lacked malice aforethought but otherwise had a state of mind which the law treats as culpable. Unlawful act manslaughter covers situations where a person has unlawfully killed as a result of committing an unlawful act, such as a punch. Gross negligence manslaughter covers situations where a person has unlawfully killed as a result of a gross breach of a duty of care owed to the victim. One of the chapter’s ‘The law in context’ features examines the sentencing for homicide offences in light of new guidelines from the Sentencing Council. A new ‘The law in context’ feature analyses the relevance of domestic abuse for the defences available to a woman charged with murdering her abusive partner.
Chapter
14. General defences
David Ormerod and John Child
This chapter deals with general complete defences that the accused can use to avoid liability. The focus is on defences that can apply (with one exception) to offences throughout the criminal law and will result in the accused’s acquittal. Five kinds of general complete defences are examined: insanity (as a defence), duress by threats, duress by circumstances, the public and private defence (also known as self-defence), and necessity. The chapter first considers the categorical division between excuses and justifications, before explaining the elements of each of the defences in turn. It then outlines potential options for legal reform concerning individual defences and concludes by discussing the application of the general defences to problem facts. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
Chapter
5. Murder
David Ormerod and John Child
This chapter focuses on the offence of murder within the context of criminal law, with particular emphasis on its problematic and controversial nature. It first considers the definition of murder in terms of actus reus and mens rea. It then discusses the defences to murder, including general defences, specific complete defences, and partial defences (e.g. loss of self-control, diminished responsibility, and suicide pact). It also outlines potential options for legal reform concerning the mandatory life sentence and the mens rea of murder, and concludes by presenting a structure for applying the actus reus and mens rea for murder to problem facts. Relevant cases are highlighted throughout the chapter, and there are also boxes that highlight common pitfalls to avoid and other areas of confusion for those new to the law.
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