1. PROBLEM QUESTIONS OUTLINE MENS REA: Did D intend death or gbh?IF V DIES:<br />& D cause V’s death<br />Factual & legal causation<br />Actus Reus <br />For all homicide offences<br /> NO YES<br />D could be convicted ofMURDERORFound guilty of lesser charge of:VOLUNTARY MANSLAUGHTERIF either of the following partial defences specific to murder, succeeds:<br />Specific defences to murder:Diminished ResponsibilityS2 Homicide Act 1957as amended by S52 Coroners & Justice Act 2009Abnormality of mental functioningDue to recognised medical conditionWhich substantially impairs D’s ability to understand nature of conduct OR form rational judgment OR exercise self controlThe abnormality provides explanation for D causing V’s death : causal link between medical condition & killingORLoss of ControlS54,55 Coroners & Justice Act 2009D lost controlDue to a qualifying triggerreasonable person, same age/sex as D but with ordinary powers of self control, would have acted in same or similar way as D did?ORSuicide PactS4 Homicide Act 1957Did D & V make an agreement – both to die – genuine intention to commit suicideUnlawful & Dangerous Act[constructive manslaughter]Did D do a deliberate, unlawful and dangerous act, which caused V’s death?ORGross NegligenceDid D breach a duty of care to V, involving risk of death, so that negligence was a crime?ORSubjective RecklessnessDid D foresee a risk of death or gbh to V as being highly probable?D could be convicted ofINVOLUNTARYMANSLAUGHTERBy way of:<br />