Criminal Law (LL108) - Homicide
Contents
1. Gross Negligence (GN) Manslaughter
1.1. Definition of duty of care in Adomako
1.2. Competing views on what constitutes a ‘duty of care’
1.3. Mini - Conclusion
1.4. Cases in which duties have been found
1.5. What could ‘duty of care’ mean if it doesn’t have the same meaning as in tort?
1.6. Debates about the duty of care
1.6.1. Reasons as to why the test for a duty of care should be reasonable foreseeability in
certain cases
1.6.2. Reasons as to why the test for a duty of care should be a duty in tort in certain cases
2. Unlawful and Dangerous Act (UDA) Manslaughter
2.1. Test for UDA Manslaughter
2.2. Criticism of arguments used by constructivists
2.3. Alternative suggestions for the test for UDA manslaughter
3. Murder
3.1. The formal definition of murder
3.2. Analysis of the specific elements of murder
3.2.1. Actus Reus
3.2.2. Mens Rea
4. Issues with the current law of homicide:
4.1. Fault requirement - the principle should be one of equal treatment of offences of equal
seriousness
4.2. Fair labelling - the label should fairly reflect the degree of culpability of the defendant
4.3. Appropriate sentencing of homicide offences - there shouldn’t be too much of a disparity
between the condemnatory tone of the label and the punishment
5. Case Notes
Contents
1. Gross Negligence (GN) Manslaughter
1.1. Definition of duty of care in Adomako
1.2. Competing views on what constitutes a ‘duty of care’
1.3. Mini - Conclusion
1.4. Cases in which duties have been found
1.5. What could ‘duty of care’ mean if it doesn’t have the same meaning as in tort?
1.6. Debates about the duty of care
1.6.1. Reasons as to why the test for a duty of care should be reasonable foreseeability in
certain cases
1.6.2. Reasons as to why the test for a duty of care should be a duty in tort in certain cases
2. Unlawful and Dangerous Act (UDA) Manslaughter
2.1. Test for UDA Manslaughter
2.2. Criticism of arguments used by constructivists
2.3. Alternative suggestions for the test for UDA manslaughter
3. Murder
3.1. The formal definition of murder
3.2. Analysis of the specific elements of murder
3.2.1. Actus Reus
3.2.2. Mens Rea
4. Issues with the current law of homicide:
4.1. Fault requirement - the principle should be one of equal treatment of offences of equal
seriousness
4.2. Fair labelling - the label should fairly reflect the degree of culpability of the defendant
4.3. Appropriate sentencing of homicide offences - there shouldn’t be too much of a disparity
between the condemnatory tone of the label and the punishment
5. Case Notes
