Fatal Offences

Introduction

**Homicide** is the umbrella term for the unlawful killing of another human being. English law divides homicide into **murder**, **voluntary manslaughter** and **involuntary manslaughter**. This chapter sets out the **structure of homicide**, the elements of **murder** (actus reus and malice aforethought), the three statutory **partial defences** that reduce murder to voluntary manslaughter — **loss of control**, **diminished responsibility** and **suicide pact** — and the two heads of **involuntary manslaughter**: **unlawful act (constructive) manslaughter** and **gross negligence manslaughter**. Every homicide scenario must be worked through in a disciplined order.

Assessment focus

For the SQE1 FLK2 assessment, you must be able to **work a homicide fact pattern in order**: (1) is **murder** made out on actus reus and mens rea; (2) if yes, does a **partial defence** reduce it to voluntary manslaughter; (3) if murder is not made out, is there nonetheless **unlawful act manslaughter** or **gross negligence manslaughter**. Questions are single best answer questions (SBAQs) set in realistic scenarios; you will be expected to **apply** the elements rather than merely recite them. The commonest trap is the defendant who intended only **serious harm** and whose victim died — remember that **intention to cause GBH** is a complete mens rea for murder (R v Cunningham [1982] AC 566). This is a **closed-book** assessment — you must recall every element, statutory section and leading case from memory.

Study tips

1) Learn the **three-step structure**: murder first, then partial defences, then involuntary manslaughter. 2) Memorise that **malice aforethought = intention to kill OR intention to cause GBH** (R v Cunningham); **recklessness is never enough** for murder. 3) For **loss of control**, learn the **three cumulative requirements** in ss. 54–55 CJA 2009 and that **sexual infidelity is disregarded** as a trigger. 4) For **diminished responsibility**, learn the **four cumulative elements** in s. 2 Homicide Act 1957 (as amended) and the **intoxication rule** (R v Dietschmann; R v Wood); the **legal burden** is on the defendant on the balance of probabilities. 5) Distinguish the **two heads of involuntary manslaughter**: unlawful act manslaughter needs a **positive unlawful criminal act** (not an omission); gross negligence manslaughter can be committed by **omission** and now requires a **serious and obvious risk of death** (R v Rose; R v Broughton).