Criminal Law

Introduction
This particular research report is all about exploring a specific facet of criminal law with relevant
evidences and elements of theory with close association with the issue concerning
Murder_Manslaughter.

• Defining Murder from the 1957 Homicide Act

This particular act can be found to have created two partial kinds of defenses i.e. diminished
responsibility and suicide pact to the provision of murder which in case of satisfaction can
reduce the charge of murder to a certain charge of manslaughter in terms of changing the law
concerning another partial defense towards the factor of murder provocation. The law of murder
is considered to be set out in the provision of common law where the definition of murder can be
put forth as ‘the unlawful killing of a human being in the Queen’s peace, with malice
aforethought’1.

• Explanation of the actus reus and mens rea of Murder

In the genre of criminal law, it can be found that one of the core principles has been expressed in
the Latin phrase ‘actus non facit reum nisi mens sit rea’ that in an ostentious manner spells out
that ‘an act does not make a man guilty of a crime unless his mind also be guilty’. Two very
fundamental elements of the criminal offenses i.e. Actus reus and Mens rea have been deduced in
this regard, in order to highlight the fact that Actus reus denotes guilty act in Latin; whereas Mens
rea is Latin for guilty mind2.

1
Hughes G, 'The English Homicide Act Of 1957: The Capital Punishment Issue, And Various
Reforms In The Law Of Murder And Manslaughter' (1959) 49 Journal of Criminal Law and
Criminology
<http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=4773&context=jclc
> accessed 31 May 2016

2
'Actus Reus And Mens Rea – Overview' (Legal Eyres, 2013)
<https://legaleyres.com/2013/09/22/actus-reus-and-mens-rea-overview/> accessed 31 May 2016

2
While the actus reus of murder contains the unlawful i.e. illegal killing of a human being in the
Queen’s peace i.e. , the mens rea depicts malice aforethought that has been further interpreted by
the judicial authorities as the intention to kill. The provision of mens rea is often misleading for it
denotes some sort of ill will alongside the notion of pre-planning; and this is largely coincided
with the fact that malice aforethought is interpreted as to be meaning intention to kill.

• Analyzing whether the actus reus and mens rea of murder are present in a given
scenario using case law

The case concerning the murder of Tia Rigg (2010; Manchester, England) can be mentioned in
this regard where a 12-year old girl named Tia was murdered by her uncle John Maden on
grounds of having an obsessive interest in pornography. John purposefully called her over and
stabbed her to death after she was drugged and subjected to horrific sexual injuries. John admitted
to his crime stating he ‘felt like it’ which depicts his abnormal state of mind that had prompted
him to carry out such heinous crime. John though pleaded guilty of the crime, was sentenced to
life imprisonment with the recommendation that he should never be released under any
circumstances and should die in the prison itself3.
In this case, the presence of actus reus and mens rea can be cited for the act was guilty indeed and
it was done purely on intention along with recklessness in order to hamper the life of a 12 year old
girl who happened to be the murderer’s niece. While actus reus has certain forms on the basis of
conduct, circumstances and consequences; mens rea has its varied forms too and the most
frequent are: intention, recklessness and negligence. The unlawful killing of a human being
amounts to murder which is in itself the consequence or outcome of an act of crime and that has
been done by John to his niece Tia under certain circumstances i.e. his obsession with
pornography; and thus the crime undertaken is both a circumstantial as well as consequential
crime resulting to brutalized murder. Furthermore, the result of a direct intent, the murder took
place on grounds of recklessness for the murderer i.e. John took unjustified risk all knowingly

3
Tia Rigg Murder Case [2010] Court of Appeal, Manchester (Court of Appeal, Manchester)

3
taking into account both the factors of being subjectively and objectively.

• Explaining the three special defences which reduce murder to voluntary

manslaughter

The concept of homicide does not certainly amount to the crime of murder, but on the same
ground, it can also be mentioned that this is neither a lawful nor accidental incident. It can be put
forward that if the accused individual is found to be charged with murder with having the mens
rea required for the act of murder; certain mitigating circumstances such as diminished
responsibility, suicide pact, provocation or loss of control etc can work towards reducing the
offence to the clause of manslaughter, turning the whole process as an incident known as
voluntary manslaughter 4. The provision concerning voluntary manslaughter is entitled to be
carrying a maximum sentence of life and on the same ground, allows the judge to make for
discretion on sentencing. There are three special defenses and they are (1) Diminished
Responsibility, (2) Loss of Control & (3) Suicide Pact. All of three are contained in the Homicide
Act 1957 as modified and altered by the likes of the Coroners and Justice Act 2009 and are said to
differ from the available general defenses for they are not applicable to all the incidents of crime.
Furthermore, it can be added that the effect of these defenses is to cause significant reduction in
the criminal liability rather than to opt for absolving the concerned defendant from liability
completely.

• Analyzing whether the defence of ‘diminished responsibility’ would be applicable in

a given scenario using case law

In accordance with the section 52 of the Coroners and Justice Act 2009, it can be mentioned that

4
'Homicide; Murder And Manslaughter: Legal Guidance: The Crown Prosecution Service'
(Cps.gov.uk, 2016) <http://www.cps.gov.uk/legal/h_to_k/homicide_murder_and_manslaughter/>
accessed 31 May 2016

4
this particular act happens to replace the actual definition of ‘diminished responsibility’ as can be
found in the Homicide Act 1957 and is largely applicable to the defendants charged with murder
where the designated acts or omissions consequencing in the victim’s death on or after the date of
4th October’20105. Diminished Responsibility is one of the major defenses that exist solely for the
offence of murder, and in order to rely completely on the defense factor, certain conditions must
be fulfilled as well as demonstrated by the defendant i.e.
 An abnormality of mental functioning caused by a recognized medical condition
 An explanation provided by the abnormality for the defendant’s act or omission in being
party to the respective killing
 The substantial impairment of mental ability of the defendant caused by the abnormal
condition in connection to understanding the nature of conduct, forming rational judgment
or exercising self-control

The clause of diminished responsibility must be raised during the time of trial, for unless it is
mentioned that defendant has association with abnormalities in his/her mental functioning or
conditions; the case is not rightfully justified on that account.
Subsection 1B is about mentioning that the abnormality of the mental functioning duly explains
the defendant’s acts or concerned omissions in doing the killing for this is actually a significant
contributing agent in causing the accused person to act as he did in the case concerning the
murder of Tia Rigg in 2010 in England. The mental responsibility has been shirked right ahead as
the obsessive factor in John made it all the way harder for him to control himself making him
predominantly guilty of such outrageous crime6.
There are conflicting authorities too that can be found with regard to R v Campbell (1987) 84Cr

5
Storey T and Lidbury A, Criminal Law (Willan 2009)

6
'The Law Of Murder' (E-lawresources.co.uk, 2016) <http://e-lawresources.co.uk/The-law-of-
murder.php> accessed 31 May 2016

5
App R 255 where on the reference of Home Secretary, the Court of Appeal had accepted medical
evidence and ordered for a retrial; whereas in R v Tony Martin (20021) 1 Cr App R 27, the Court
of Appeal allowed for medical evidence even though the provision of diminished responsibility
was not at all raised at the time of trial7.

• Analyzing whether the defence of ‘loss of control’ would be applicable in a given

scenario using case law

It can be said with regard to the murder of Tia Rigg (2010) case, to some extent that John lost
control over his mind in order to execute such terrible crime that included sexually exploiting and
murdering his own niece; but the fact is he actually pre-planned every single thing which
unfortunately showcases his abnormal mental condition which prevented his normal behavior and
encouraged him to opt for murder straight away.

Conclusion
It can be put forth that the Homicide Act 1957 has managed to enlarge the area concerning the
crime of manslaughter within the boundary of England in terms of curtailing the scope of murder
to a great extent. It is of great importance to tie it up with a balanced concluding part in terms of
evaluating current legislation and in this regard, it can be summed up that the verdicts regarding
manslaughter will have their respective appropriateness in cases of diminished responsibility,
suicide pacts and sometimes in cases of felony-murder. The doctrine of provocation has also
been emphasized in terms of causing increment to the possibility of a verdict of man-slaughter.
An analysis of two possible areas of reform that can be outlined in this respect is that the
harshness of law of murder has been tempered with without any doubt and it denotes a welcome
mollification of an unduly law of murder.

7
'Voluntary Manslaughter- Diminished Responsibility' (E-lawresources.co.uk, 2016) <http://e-
lawresources.co.uk/Diminished-responsibility.php> accessed 31 May 2016

6
References

'Actus Reus And Mens Rea – Overview' (Legal Eyres, 2013)

<https://legaleyres.com/2013/09/22/actus-reus-and-mens-rea-overview/> accessed 31 May 2016

'Homicide; Murder And Manslaughter: Legal Guidance: The Crown Prosecution Service'
(Cps.gov.uk, 2016) <http://www.cps.gov.uk/legal/h_to_k/homicide_murder_and_manslaughter/>
accessed 31 May 2016

Hughes G, 'The English Homicide Act Of 1957: The Capital Punishment Issue, And Various
Reforms In The Law Of Murder And Manslaughter' (1959) 49 Journal of Criminal Law and
Criminology
<http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=4773&context=jclc
> accessed 31 May 2016

Storey T and Lidbury A, Criminal Law (Willan 2009)

'The Law Of Murder' (E-lawresources.co.uk, 2016) <http://e-lawresources.co.uk/The-law-of-

murder.php> accessed 31 May 2016

'Voluntary Manslaughter- Diminished Responsibility' (E-lawresources.co.uk, 2016) <http://e-

lawresources.co.uk/Diminished-responsibility.php> accessed 31 May 2016

Tia Rigg Murder Case [2010] Court of Appeal, Manchester (Court of Appeal, Manchester)