Fatal Offences Against the Person

Fatal offences against the person are among the most serious crimes in criminal law. They involve the unlawful killing of a person and are divided into murder and manslaughter. 

Murder

Murder is the most serious form of homicide. It is defined as the unlawful killing of a human being under the King’s Peace (Pax Regis) with malice aforethought, either express or implied.

Definition of Murder

Murder is the unlawful killing of a reasonable person in being and under the King’s Peace, with malice aforethought. This definition comes from common law, notably outlined by Lord Coke.

Actus Reus of Murder

• Unlawful killing: The defendant must cause the death of another person without legal justification or excuse.
• Human being: The victim must be a living person, not an animal or a foetus (unless born alive).
• Under the King’s Peace: The act must not be during wartime or in combat.
• Causation: The defendant’s actions must be the factual and legal cause of death (apply the ‘but for’ test and consider intervening acts).

Mens Rea of Murder

• Malice aforethought: This means intention to kill or intention to cause grievous bodily harm (GBH).
• Direct intention: Where the defendant’s aim or purpose is to kill or cause GBH.
• Oblique intention: Where death or GBH is a virtually certain result of the defendant’s actions and the defendant appreciated this (see R v Woollin).

Voluntary Manslaughter

Voluntary manslaughter occurs when the defendant has the actus reus and mens rea for murder but can rely on a partial defence. This reduces liability from murder to manslaughter. The two main partial defences are loss of control and diminished responsibility.

Loss of Control (Section 54, Coroners and Justice Act 2009)

Statutory Defence: Replaced the former defence of provocation.

Three key elements:

• Loss of self-control: The defendant must have lost self-control at the time of the killing.
• Qualifying trigger: There must be a qualifying trigger, such as fear of serious violence or things said/done of an extremely grave character causing a justifiable sense of being seriously wronged.
• Objective test: A person of the defendant’s sex and age, with a normal degree of tolerance and self-restraint, and in the circumstances, might have reacted in the same or similar way.

Restrictions: Sexual infidelity alone is not a qualifying trigger. The loss of control need not be sudden.

Diminished Responsibility (Section 2(1), Homicide Act 1957 as Amended by Section 52, Coroners and Justice Act 2009)

Statutory Defence: Allows murder to be reduced to manslaughter where the defendant was suffering from an abnormality of mental functioning.

Elements:

• Abnormality of mental functioning: Must arise from a recognised medical condition (e.g., depression, schizophrenia).
• Substantial impairment: The abnormality must substantially impair the defendant’s ability to understand the nature of their conduct, form a rational judgment, or exercise self-control.
• Explanation for the killing: The abnormality must provide an explanation for the defendant’s acts or omissions in doing or being party to the killing.

Involuntary Manslaughter

Involuntary manslaughter occurs when the defendant kills without the intention for murder. There are two main types: unlawful act manslaughter and gross negligence manslaughter.

Unlawful Act Manslaughter (Constructive Manslaughter)

This form of manslaughter arises where the defendant commits a dangerous and unlawful act which causes death.

Actus Reus:

• There must be an unlawful act (a crime, not a civil wrong).
• The act must be dangerous (would a sober and reasonable person recognise the risk of some harm?).
• The act must cause death.

Mens Rea:

The defendant must have the mens rea for the unlawful act, not necessarily for causing death.

Gross Negligence Manslaughter

Gross negligence manslaughter applies where death results from a grossly negligent act or omission by the defendant, typically in situations where a duty of care exists.

Actus Reus:

• A duty of care existed between the defendant and the victim.
• The duty was breached by an act or omission.
• The breach caused the victim’s death.
• The breach was so gross as to justify criminal liability.

Mens Rea:

No intention to kill or cause serious harm is required.

The defendant’s conduct must be so bad as to amount to a criminal act or omission, showing a disregard for the life and safety of others.

Summary

• Murder is the unlawful killing of a human being with malice aforethought (intention to kill or cause GBH).
• Actus reus for murder: unlawful killing, human being, under the King’s Peace, causation.
• Mens rea for murder: intention to kill or cause grievous bodily harm.
• Voluntary manslaughter: murder with partial defences (loss of control or diminished responsibility).
• Loss of control defence (s54 Coroners and Justice Act 2009): loss of self-control, qualifying trigger, objective test.
• Diminished responsibility defence (s2(1) Homicide Act 1957 as amended): abnormality of mental functioning, substantial impairment, explanation for killing.
• Involuntary manslaughter:
• Unlawful act manslaughter: unlawful and dangerous act causes death; mens rea for the unlawful act.
• Gross negligence manslaughter: duty of care, breach, causation, gross negligence; no need for intention to kill.