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Homicide Flow Chart
Flow chart for homicide
Module
Criminal Law (LAW1003)
536 Documents
Students shared 536 documents in this course
University
University of Exeter
Academic year: 2019/2020
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Homicide Flow Chart
Module: Criminal Law (LAW1003)
536 Documents
Students shared 536 documents in this course
University: University of Exeter
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1. Was there a death?
2. Did D “cause” death?
HOMICIDE
Ask: Did D kill V with intention
to killl or cause GBH (mens rea)?
YES (MR + AR)
Ask: Are there extenuating
circumstances?
NO (AR)
INVOLUNTARY
MANSLAUGHTER
Note: an offense,
not a defence
YES NO
MURDER
DISCRETIONARY
SENTENCE
DISCRETIONARY
SENTENCE
MANDATORY
LIFE SENTENCE
VOLUNTARY
MANSLAUGHTER
Note: partial
defence to murder
LOSS OF CONTROL
(1) Loss of control at
time of killing
(2) Qualifying trigger
(3) Objective test
DIMINSHED
RESPONSIBILITY
(1) Abnormality of mental
functioning
(2) Recognized medical
condition
(3) Substantially impaired
D’s mental ability
(4) Abnormality must
explain the killing
UNLAWFUL ACT
MANSLAUGHTER
(1) D committed an
unlawful act
(2) objectively dangerous
(3) caused death
GROSS NEGLIGENCE
MANSLAUGHTER
(1) Duty of care
(2) Breach of duty
(2a) Knowlege of serious
risk at the time
(3) Caused death
(4) Grossly negligent
SUBJECTIVE RECKLESS
MANSLAUGTER
Rare, but still exists