Homicide Flow Chart PDF

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Summary

Flow chart for homicide ...

Description

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)

NO (AR)

Ask: Are there extenuating circumstances?

INVOLUNTARY MANSLAUGHTER Note: an offense, not a defence

YES

NO

VOLUNTARY MANSLAUGHTER Note: partial defence to murder

MURDER

LOSS OF CONTROL (1) Loss of control at time of killing (2) Qualifying trigger (3) Objective test

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

DIMINSHED RESPONSIBILITY (1) Abnormality of mental functioning (2) Recognized medical condition (3) Substantially impaired D’s mental ability (4) Abnormality must explain the killing

DISCRETIONARY SENTENCE

MANDATORY LIFE SENTENCE

DISCRETIONARY SENTENCE

SUBJECTIVE RECKLESS MANSLAUGTER Rare, but still exists...