Euthanasia-type killings Sample Clauses

Euthanasia-type killings. An individual who intentionally causes the death of another, absent lawful excuse, commits murder. Euthanasia and murder are one at common law: ‘[e]uthanasia is not lawful at common law’.2 The conduct requirement (actus reus) of the offence is typically made out by an act (involving ‘some willed bodily or muscular movement’) causing death,3 although an omission causing death may also constitute the actus reus.4 In addition to the actus reus, the defendant must possess the relevant mental state (mens rea), corresponding to an intention to kill or inflict grievous bodily harm (GBH).5 The causation requirement contains both factual and legal elements. Factual causation may be demonstrated by evidence that ‘but for’ the defendant’s conduct, the individual‌ 1 XX Xxxxxxxx, Xxxx X Xxxxxxx, XX Xxxxxxxx and Xxxxxx Xxxxx, Xxxxxxxx and Xxxxxxxx'x criminal law: theory and doctrine (5th edn, 2013) §10.1.
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Euthanasia-type killings prosecution, conviction and sentencing Prosecutors must apply the Full Code Test contained in the Code for Crown Prosecutors when deciding whether to initiate criminal proceedings against an individual suspected of a serious crime, such as murder or attempted murder.67 The Full Code Test has two consecutive stages, the evidential stage, and the public interest stage.68 At the evidential stage, ‘prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge’.69 Euthanasia-type killings may pose some difficulty here. First, the application of the DDE rule may lead a prosecutor to conclude that no offence was committed in cases of physician-administered euthanasia. Second, in cases where V’s death was imminent at the time of the alleged offence, it may be hard to prove that D’s conduct caused V’s death. Therefore, the prosecutor may have to settle for a charge of 65 Law Com (n 8) paras 7.37. 66 See Xxxxxxxx and Xxxxxxxx (n 1) §19.2. 67 Crown Prosecution Service, The Code for Crown Prosecutors (CPS, 2013) xxxxx://xxx.xxx.xxx.xx/publications/docs/code_2013_accessible_english.pdf accessed 2015/12/12. 68 ibid para 4.1.‌ 69 ibid para 4.5.

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