ABSTRACT
The very essence of a homicide offence is that it involves the causing of death of a human being, usually by another human being. The chapter starts with a discussion of the law and theory of causation in relation to murder as the paradigmatic homicide offence, before moving on to consider the law in relation to constructive homicide offences, where the lack of mens rea relating to the causing of death causes problems of attribution. It limits to the offences of murder, involuntary manslaughter and statutory causing death by driving offences committed by a principal offender. Causing death by dangerous driving does not require cognitive mens rea, but it does at least require normative mens rea in the form of negligence – dangerous driving – and is not an offence of strict liability. Under the current law of homicide the boundaries of causation are tied up with questions of, and balance with, mens rea requirements.
