Cyclist deliberately killed

Homicide is the killing of a human being, by a human being. It is either:

(a) lawful; or
(b) unlawful.

If it is unlawful, it may be:

(a) murder;
(b) manslaughter;
(c) infanticide;
(d) causing death by dangerous drivingor
(e) causing or allowing the death of a child or vulnerable adult.

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Murder** is defined at Common Law as.

*"Where a person of sound mind and discretion unlawfully kills any reasonable creature in being and under the Queen's peace, with intent to kill or cause grievous bodily harm.*"

The definition of “intent to kill or cause grievous bodily harm” was traditionally referred to as "malice aforethought". The meaning of the term is very important as its presence or absence determines whether an unlawful killing is murder or manslaughter.

"Murder is unlawful homicide with malice aforethought. Manslaughter is an unlawful homicide without malice aforethought". As stated as long ago as 1887.

Whereas, Voluntary Manslaughter is defined at Common Law as.

"Voluntary manslaughter, occurs when all the elements of murder are present, including the intent to kill or cause grievous bodily harm, but the crime is reduced to voluntary manslaughter by reason of one of the following defences being successful:"

(a) provocation;
(b) diminished responsibility; and
(c) death caused in pursuance of a suicide pact.

Unless the accused was suffering some form of illness or impairment of development, the only cause for diminished responsibility would be provocation. And…

"Provocation* is only available in the case of a sudden and temporary loss of self-control of such a kind as to make the accused not master of his mind. Circumstances which induce a desire for revenge are inconsistent with provocation, since the conscious formulation of a desire for revenge means that a person has had time to think, to reflect and that would negative a sudden and temporary loss of self-control, which is the essence of provocation."

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