Homicide

Front 1

Types of Homicide (2)

Back 1

Non criminal - accidental and justifiable homicide

Criminal - murder and culpable homicide

Front 2

Criminal Homicide

Back 2

Murder and culpable homicide share the same actus reus; the destruction of life. There is no time restriction on the occurrence of death after the acts which caused it; proof of the casual link is what is required.

Hint 2

HMA v Brady - euthanasia case

Front 3

Murder

Back 3

AR - destruction of life


MR - 2 possible mens rea: (1) wicked intention to kill or (2) wicked recklessness

Hint 3

Drury v HMA

Front 4

Lethal weapons

Back 4

The use of lethal weapons is important in determining if there was wicked recklessness

Hint 4

HMA v McGuinness 1937

Front 5

Art and Part for Murder

Back 5

Where there was pre-concert, the mental element is whether it was objectively forseeabble to the coaccused that such violence was liabile to be used as carried an obvious risk of life being taken.

Hint 5

Poole v HMA 2009

Front 6

The Defence of Self Defence in Murder

Back 6

Complete defence.

Essentials of the plea;
1) imminent danger to life or to prevent rape
2 inability to escape/violence used as last resort
3) degree of violence not excessive

Hint 6

Prevention of rape - Pollock v HMA 1998

Inability to escape - Dewar v HMa 2009

Force not to be excessive - Pollock v HMA 1998

Front 7

Culpable Homicide Definition

Back 7

Where the mens rea for murder is absent or where it is present but mitigating factors operate.

Hint 7

Drury v HMA 2001

Front 8

Types of Culpable Homicide (3)

Back 8

1) Voluntary Culpable Homicide
2) Involuntary unlawful act culpable homicide
3) Involuntary lawful act culpable homicide

Front 9

Voluntary Culpable Homicide

Back 9

The destruction of life alongside the operation of a succesful defence.

Hint 9

HMA v Brady 1997

Front 10

Provocation

Back 10

Not a complete defence.

3 requirements ;
1) Loss of self control
2) Brought on by provoking acts
3) Immediate retaliation and an appropriate response.

Hint 10

Drury v HMA 2001

Front 11

Provoking Acts

Back 11

a) An initial assault by the victim
b) The discovery of sexual infidelity

Hint 11

Violence cannot be over the top ; Thomson v HMA 1986

Infidelity ; HMA v Hill 1941

Front 12

Diminished Responsibility

Back 12

If ; the person's ability to determine or control conduct was impaired by reason of abnormality of mind; this includes mental illness.

Hint 12

S 51B of the Criminal Procedure (Scotland) Act 1995

Galbraith v HMA 2001

Front 13

InvoluntaryUnlawful Act Culpable Homicide

Back 13

Where accused is committing a crime and causes someone else's death. Crime such as assault, fire raising and others


AR- Destruction of life
MR- For the other crime

Hint 13

Fire raising ; Mathieson v HMA 1981

Front 14

Involuntary Lawful Act Culpable Homicide

Back 14

This arises where the accused has caused another’s death while doing something which is lawful.

AR - Destruction of life
MR -a criminal indifference to consequences coming from recklessness , gross or wicked negligence.