This thesis examines the criminal offence of familial homicide created by section 5 of the Domestic Violence, Crime and Victims Act 2004. This offence imposes liability on the defendant if he either caused or allowed the death of the victim, and it does not have to be shown which of these alternatives applies. The offence was created to respond to a loophole in the law under which if it could not be proven which of the defendants killed the victim, or that they were acting together to cause death, they could be acquitted. However, the offence created issues of its own. This thesis builds on the positive aspects of the offence in terms of convicting culpable defendants whilst addressing its weaknesses and the issues it creates for underlying criminal theory. The thesis discusses the theory regarding causation, omissions, mens rea, and accessorial liability which are all affected by the new offence. It also considers domestic violence as it is prevalent within this context. The two main changes to the law proposed by this thesis relate to causation and omissions liability. A more gradated law of causation is necessary, and thus a theory of direct and indirect causation is advanced. It also argues that a new personal association duty is needed, expanding the traditional exceptions to omissions liability. Regarding accessorial liability, this thesis argues that in situations where it is unclear who kills the victim and who allows his death, the familial homicide offence which blurs the distinction between the parties is appropriate because it ensures that culpable defendants are no longer escaping liability. However, where the role of each party is clear the law needs to be reformed. This thesis proposes, that the current approach towards mens rea and domestic violence should remain unchanged.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:678318 |
| Date | January 2012 |
| Creators | Morrison, Samantha Claire |
| Publisher | Swansea University |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | https://cronfa.swan.ac.uk/Record/cronfa42923 |
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