LAW MODERATIONS 2000-2001 CRIMINAL LAW; TUTORIAL TWO (WK 4)



HOMICIDE - I MURDER.

(a) Definition

**Homicide Act, 1957

**Coke, Inst. iii, 47

****Criminal Justice Act, 1967, s.8

**Bland [1993] Crim L R 877

***A G's Ref (No 3 of 1994) [1996] Crim L R 268

Law Reform (Year and a Day Rule) Act 1996

(b) Causation

(1) general

Blaue [1975] 3 All E R 446

A.G's Ref (No 4 of 1980) [1981] 2 All E R 617

**Le Brun [1991] 1 QB 61

(2) substantial cause

Cato [1976] 1 All E R 260, *265 - 266

Malcherek [1981] 2 All E R 422, *428

(3) novus actus interveniens, etc

*Smith [1959] 2 All E R 193

Armstrong [1989] Crim L R 149

(4) medical treatment

**Jordan (1956) Cr. Ap, Rep. 152

**Smith [1959] 2 All E R 193

***Malcherek [1981] 2 All E R 422

*Dear [1996] Crim L R 597

(5) shock

Towers (1874) 12 Cox C C 530

Hayward (1908) 21 Cox C C 692

(6) fright

****Roberts (1971) Cr. App. Rep. 95

Corbett [1996] Crim L R 595

(c) mens rea

***Cunningham [1981] Crim L R 180; 835

***Moloney [1985] 2 WLR 648; [1985] Crim L R 378

**Hancock and Shankland [1986] AC 455; [1986] Crim L R 180

***Nedrick [1986] Crim L R 742

****Woollin [1998] 2 WLR 382: (See Norrie "After Woollin" 1999 Crim LR 532)

C L R C 14th. Report, paras. 17-31

Law Commission 143, Draft Criminal Code, cl. 56

HOMICIDE - II MANSLAUGHTER

(a) "Voluntary"

(1) Provocation

****Homicide Act, 1957, s.3

**Camplin [1978] 2 All E R 168

***Cocker [1989] Crin L R 741

***Thornton [1992] Crim L R 53; [1996] Crim LR 597

***Pearson [1992] Crim L R 193

****Ahluwalia [1993] Crim LR 63

**C L R C, 14th Report, paras. 77-90

Law Commission 143, Draft Criminal Code, cl. 60

**Morhall [1995] Crim L R 890

Article: 1996 Crim L R 490

**Luc Thiet Thuan [1997] AC 131

Horrex [1999] Crim L R 501

**** Smith [2000] 3 WLR 654

(2) Diminished Responsibility

*Homicide Act, 1957, s. 2

**Byrne [1960] 2 QB 396

*Tandy [1988] Crim L R 308

***Sanders [1993] Crim L R 857

C L R C, 14th Report, paras. 91-97

Law Commission 143, Draft Criminal Code, cl. 58

(3) Complicity in Suicide

Homicide Act, 1957, s.4

Reed [1982] Crim L R 819

C L R C, 14th Report, paras. 129-139

(b) "Involuntary"

(1) General

*Andrews [1937] 2 All E R 552, ****554 - 555

**DPP v Daley [1979] 2 W L R 239

Editorial 1994 Crim L R 397; Article 1996 Crim L R 535

(2) Unlawful and Dangerous Act - "Constructive Manslaughter"

**Church [1965] 2 All E R 72

*Lamb [1967] 2 All E R 1282

*Cato [1976] 1 All E R 260

**Newbury [1977] AC 500; [1977] Crim L R 359

****Scarlett [1994] Crim L R 288

Kennedy [1999] Crim L R 65

(3) Gross Negligence

Bateman (1925) 19 Cr. App. Rep. 8

****Adomako [1994] Crim L R 757

Singh (Gurphal) [1999] Crim L R 582

Law Commission 143, Draft Criminal Code, cl. 57

(4) Recklessness

***Stone & Dobinson [1977] QB 354

****Seymour [1983] 2 AC 493; [1983] Crim L R 260.

C L R C , 14th Report, paras. 116-124

Kinny [1996] Crim L R 35

(5) Intention to Escape from Lawful Arrest

Porter (1873) 12 Cox CC 444

(c) Corporate Liability

P & O European Ferries [1991] Crim L R 695

Article 1996 Crim L R 545



III DEFENCES

(1) Prevention of Crime

Criminal Law Act, 1967, s.3

Ref under s. 48A (No 1 of 1975) [1976] 2 All E R 937

(2) Self-Defence

*Shannon [1980] Crim L R 438

****Beckford [1988] Crim L R 116

*DPP v Bailey [1995] Crim L R 313



IV THREATS TO KILL

Offences Against the Person Act, 1861, s. 16

Criminal Law Act, 1977, Sch.12

**Cousins [1982] 2 All E R 115



ESSAY

Is the criminal law of homicide now satisfactory ?





PROBLEMS



1. Anderson, who is sexually impotent, encouraged his wife to have sexual intercourse with his friend, Baker. Six months later, when his wife tells him that she and Baker have "made love, on several occasions", Anderson became enraged and denied that he had been serious in his suggestion. He became more and more angry and lectured his wife on the necessity of sexual fidelity within the marriage. Upset, his wife reminded him of his sexual inadequacy whereupon he grabbed a milk bottle and struck her with it. She fell to the floor, stunned. Anderson left the house, bought a gun and went to a bar for several strong drinks. He returned home and shot his wife when she had recovered consciousness about an hour later. What crimes have been committed? Would it make any difference had Mrs. Anderson died immediately upon being struck with the bottle ?



2. Consider the problems of causation involved in the following circumstances. Robinson, convinced of his wife's infidelity, decides to kill three of her supposed lovers, X, Y and Z. Robinson persuades X to take a train to London because he has hired Hitman, a professional assassin, to kill X on arrival. The train crashes en route, killing several passengers, X among them. Meanwhile, Hitman is having troubles of his own. His presence at the railway station has attracted the attention of the police to whom he is well known. Two officers approach him. He strikes one, knocking him onto the railway line and stunning him. Hitman then runs to a nearby car, pulls the driver out and, in order to effect his escape, drives it deliberately at and over the second officer. The first officer dies from injuries sustained by being struck by a train and the second officer dies one year later in hospital having refused a blood transfusion. The driver of the car stolen by Hitman fares little better; he suffers a heart attack, and, despite skilful medical attention, ultimately dies. Robinson administers poison to Y, believing and intending the dose to be fatal. In fact the dosage is insufficient. Mrs Robinson has her own reasons for wishing Y dead and, acting independently, and in ignorance of Robinson's activities also administers a similar dose, and, cumulatively, the poison kills Y. Robinson hires a witch to put a curse on Z's car which mysteriously crashes, not killing nor even injuring Z but knocking Hitman down, breaking several ribs and rendering him unconscious. He is rushed to hospital where, in error, he is wheeled into an operation theatre and his appendix removed. He dies from acute intestinal infection.