Homicide Practice Questions

DC Ferreira is reviewing a case where Ross, the mother of a baby boy aged 8 months, killed her child by shaking him. Medical evidence confirms Ross was suffering from postnatal depression at the time and that the balance of her mind was disturbed. The CPS considers whether Ross should be charged with murder or whether infanticide under s.1 of the Infanticide Act 1938 applies. Which of the following correctly states the elements of infanticide?

1. AInfanticide applies where a mother kills her child under 12 months and was suffering from a recognised mental illness at the time - the disturbance must amount to a diagnosed psychiatric condition.
2. BInfanticide applies where a woman by any wilful act or omission causes the death of her child under 12 months, and at the time the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth or by reason of the effect of lactation.
3. CInfanticide is a partial defence only - it reduces murder to manslaughter but does not create a separate offence. A woman convicted under infanticide must be sentenced as for manslaughter.
4. DInfanticide applies where a mother kills her child under 12 months while suffering from postnatal depression - the disturbance must be caused specifically by postnatal depression and not by any other cause.

Whitfield is charged with the murder of her abusive partner, Ross. Whitfield killed Ross three hours after the most recent assault. She did not kill him immediately - she waited, became increasingly distressed, and then killed him. The defence raises loss of control under s.54 of the Coroners and Justice Act 2009. The prosecution argues that because the killing was not immediate, loss of control cannot apply. Which of the following correctly states the position?

1. AThe prosecution is correct - under s.54 CJA 2009, loss of control is only available where the defendant killed immediately or almost immediately after the triggering event. A three-hour gap prevents the defence.
2. BThe prosecution is correct - loss of control requires the killing to be spontaneous. A three-hour delay indicates a considered decision rather than a loss of control.
3. CThe defence is available - under s.54 CJA 2009, loss of control does not require the killing to be immediate, but the longer the delay the less likely a jury will accept that a genuine loss of control occurred at the time of the killing.
4. DThe defence is available and the three-hour gap does not automatically prevent it - under s.54(2) CJA 2009 it is not necessary for the loss of control to have been sudden. The jury must assess whether a loss of control actually existed at the time of the killing.