Difference Between Murder And Manslaughter

Difference Between Murder And ManslaughterThe prosecution mustiness manifest beyond either reason publication doubt Woolmington 1935 that the suspect committed the offence ( propelus reus) and also had the requisite state of top dog for committing the offence (mens rea). Murder is the invention to kill or ca work grievous ill-use. The actus reus of murder is if the act committed is markal, unlawful and is the main cause of death. In Alfs case this is setting come alive to Petes house. For Alf to be legally responsible, the prosecution must provide evidence that Alfs act was the factual and legal causation of Veras death. real causation can be acknowledged by asking was the defendants act a cause in fact of specified consequence.2This can be answered by asking But for what the defendant did would the consequence extradite occurred? If the answer is no, causation in fact is recognized. The But for runnel makes it easier to determine factual causation in the midst of Al fs act of setting Petes house on fire and Veras death. The question in court should be Would Vera bump if Alf had non set the house on fire? In R v White 19103prosecution failed to establish factual causation. In this case, if Alf had non set the house on fire, Vera would non have died. signification factual causation can be recognized.Legal causation has to be established to be able to take legal action. It uses concepts of blameworthiness, liability and expectation to select the most suitable. R v. Pagett (1983)4talks of legal causation, as the defendant did not fire the weapon that killed his girlfriend. all the same he was held liable as the most vile in the actions leading to her death. Alfs actions need not be the individual cause of Veras death as anothers act may have contributed it must a substantial and operating cause of death. Jo saw the fire moments afterward it started and chose not to call for help and Olly could not help as he forgot the ladders.The defendant will not lawfully have caused the particular outcome if in that respect was a novus actus interveniens sufficient to break the legal kitchen range of causation. This can be an act of the victim, third party or an unpredictable natural event. The outcome of the intervene must be so overwhelming that the defendants attack is reduced in importance. In Alfs case, Jo and Olly do not break the chain of causation as their actions are not overwhelming causes for Alf not to be liable. R v Cheshire (1991)5shows that not all events following the defendants act will break the chain of causation.The mens rea for murder is the rational element the intention to kill or cause dangerously bodied harm. Alfs case outlines that it was not his intention to cause harm, nevertheless was aware of a risk of harm. The mens rea necessary is intention. It is the highest level of mens rea and separates in two areas identify and oblique. Direct intention is when the defendant desires an outcome and their goal is to accomplish it. Oblique intention is when the defendant has a purpose in mind but in achieving that also causes other outcomes that were not desired. Nedrick 19866is like Alfs case. The Nedrick test has objective and subjective perspectives. The objective part would ask if Alf foresaw the death of Vera as a virtual inference and was he aware that his act could cause harm. The subjective part would ask if Alf foresaw Veras death as a virtual certainty. Even though Alf was aware of the possibility of causing harm, he would not have prodigious intention if he did not foresee death as a virtual certainty, as he intended a unlike outcome to what took place. Therefore Alfs intention was oblique as he did not want to kill or cause whateverone any(prenominal) harm his intention was to excite Pete into leaving Sandra alone. autograph and Shankland (1986)7the House of Lords indicated that the likelihood of the consequence taking place was something to take into consideration i n determining whether there was enough facts from which intention might be inferred. The two miners were convicted of manslaughter and not murder as their intention was to frighten and not kill. Alfs intentions were to frighten Pete not to kill him. However, in contrast with Hancock and Shankland, Alf was aware of the likelihood of harm but the two miners were not.Recklessness takes an inexcusable risk, having two levels subjective and objective. Subjective recklessness is where the defendant realises there is a risk but chooses to take it nonetheless R v G 20048. Objective recklessness is where a sensible person realises there is a risk R v Caldwell 19829. However, a person is still guilty even when mentally unable to realise the risk. Alf shows subjective recklessness by not chekingif the house was empty, and is aware of the possibility of someone getting injured, but still pours the paraffin through the letter box and starts the fire. In Hyam v. D.P.P (1975)10, the issue before the House of Lords was whether or not the mens rea necessary for murder, was established when the defendant was aware of the high probability that her act would result in death or serious bodily harm. In both(prenominal) the Nedrick (198611) and the Hyam v. D.P.P (197512) cases the defendants were behaving recklessly Alf committed an act which was against the law, dangerous and was aware of the risks of harm.The two types of manslaughter are, voluntary and involuntary. In this case, Alfs actions were voluntary. Two specific defences which apply to Alfs case are provocation and diminished responsibility. Provocation was a putting green law defence prior to the Homicide coiffe 1957 defined by Delvin J in R v Duffy 194913Provocation is some act, or series of acts, done to the accused which would cause in any probable person, and actually causes in the accused, a sudden and temporary loss of self- control, rendering the accused so subject to passion as to make him or her for the mo ment not master of his mind.14Section 3 of the Homicide Act 1957 lengthened on this providing that Where on a charge of murder there is evidence on which a jury can find that the person charged was provoked (whether by things done or by things utter or by both together) to lose his self- control, the question whether provocation was enough to make a reasonable man do as he did shall be left to be determined by the jury and in determining that question the jury shall take into account everything both done and said according to the effect which, in their opinion, it would have on a reasonable man.15This requires the prosecution to prove all elements of murder. There are three elements of provocation firstly there must be some incitive conduct, secondly there must be a cause to make defendant lose self-will and thirdly if the loss of self control occurs, a reasonable person would also have mixed-up self-control and act in the same way.In Alfs case the facts do not point to any evi dence that he was provoked. Alf was profoundly depressed and acted in anger after hearing Sandra was dating Pete. However setting fire to Petes house was not an act performed in the heat of the moment, which would have overcome a reasonable man. Therefore provocation is highly improbable to win if used as a defence. lessen responsibility is a defence simply statutory. Section 2 (1) of the Homicide Act 1957 states Where a person kills or is a party to the killing of another, he shall not be convicted of murder if he was suffering from much(prenominal) pervertedity of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing.16If Alf uses this defence he will not be successful, as he was not suffering from abnormality of mind. The perfume is on the defendant to prove their defence o n the balance of probabilities R v Dunbar 195717. In R v Bryne 196018, Lord Parker CJ draw an abnormality of mind as a state of mind that the reasonable person would find abnormalAlf can argue he was suffering from depression, as the news of Sandras relationship with Pete caused mental distress and use insanity as a defence. This defence can apply to Alf however he would have the burden of proving his mental state and that his depression affected his reasoning. According to the MNaghten rules it must be proved that, when the offence was committed, the defendant was under defect of reason, evolving from mental illness, so not knowing the nature and quality of the act committed, or, if he did, not knowing that what he was doing was wrong. If this is the case then Alf will not be held responsible callable to insanity. I think it most likely that Alf will be charged with reckless manslaughter, as his intention was not to kill or harm, but to frighten Pete. When setting Petes house on fire he does so in a state of depression and on realising that Vera is inside he immediately changes his mind and runs into the burning house and tries to save her. If Olly had brought the ladders the tragic death of Vera could have been avoided.There are three different offences of committing involuntary manslaughter, constructive, gross negligence and reckless manslaughter. The case states that Jo is a neighbour and a family friend who notices the fire moments afterwards but does nothing about it. The law does not impose a responsibility on a public bystander to help or save a person in danger. In ordination to establish negligence for manslaughter a higher degree of care or relationship is required, even though Jo omitted to call for help she did not owe the victim a responsibility of care. In R v Stone and Dobinson 197719, they allowed an ill sister to live in their house she died after they failed to call for medicinal help. They both had a tariff of care as they were her p rimary carer, both charged with manslaughter by gross negligence. The duty can be breached if at any time a risk of injury to health is foreseen R v Stone and Dobinson 197720. If Jo had created a danger which could cause harm to anyone then she would have a duty however this is not the case the fire therfore has not duty to act. Such duty arises from special relationships such(prenominal) as, parent child Gibbins Proctor (1918)21, a contractual duty Pittwood (1902)22, an official position Dytham (1979)23. Jos decision not to act can be considered to be morally wrong but this does not make it a criminal liability. Jo could be convicted of involuntary reckless manslaughter.The case states fireman Olly and his crew turn up to the place setting but cannot help as they have forgotten to plant any ladders. The House of Lords in R v Adomako 199424decided that to establish the gross negligence form of manslaughter the prosecution must prove a duty of care a breach of the duty of care and gross negligence. Olly has a duty as a fire man is to save lives and prevent harm to others he breached duty by being negligent in failing to be adequately prepared and failed to carry out his duty by being unable to get to the victim. In the case of Pittwood (1902)25a railway crossing flight attendant omitted to besotted the gates resulting in a person crossing getting hit and killed by a train. The keeper had a contractual which was breached as he was negligent. Bateman (1925)26states that negligence is gross when it is beyond a matter of clear compensation between subjects and showed such disregard for the life as safety of others as to amount to a crime against the State and conduct deserving of punishment27Olly was negligent as he did not bring the ladders that could have saved Veras life. Olly could be charged of manslaughter by gross negligence for failing to provide duty of care and breaching his contractual duty.