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#Law crime and legal s > 2020-Fatal Offences > Flashcards

2020-Fatal Offences Flashcards

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1
Q

What is murder

A

Unlawful killing of a reasonable person in being and under the queens peace with malice aforethought express or implied

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2
Q

What is the actus reus of murder

A

Killing
Reasonable creature in being
Under Queen’s peace
Unlawful

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3
Q

What is the men’s rea for murder

A

Expression intention to kill (direct/oblique)

Implied intention to cause GBH

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4
Q

What is considered in the killing aspect of AR

A

Factual and legal causation

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5
Q

Factual causation is

A

But for test

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6
Q

What is legal causation

A

Multiple causes? if so was it substantial ?
Thin skull rule?

Unbroken chain
Vs own act
Unpredictable event
Third party act

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7
Q

Reasonable creature in being means what

A

Human in being

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8
Q

What isn’t classed as a reasonable creature in being

A

A foetus

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9
Q

Is a brain dead person a reasonable creature in being

A

Yes

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10
Q

What does under the queen’s peace mean

A

The country is not at war

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11
Q

What are the exceptions making something lawful

A

Self defence
Defence of another
Prevent crime

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12
Q

What is express intention to kill

A

Direct- wishes for direct consequence

Oblique- main aim was something but D saw death as virtually certain

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13
Q

Implied intention to cause GBH a means …

A

Intention to cause serious harm to victim

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14
Q

R v gibbins and proctor

A

Father and stepmother fails to feed child and the child dies
Omission

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15
Q

R v vickers

A

d breaks into shop where he knows v (owner is deaf) she sees him so he beats her up and she dies
Intent to commit GBH enough for murder

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16
Q

R v moloney

A

No intention to shoot father

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17
Q

N v Nedrick

A

Paraffin through letter box kills family

1) how probable that death would occur of Ds act
2) did D foresee consequences

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18
Q

R v woolin

A

Changes two questions of nedrick to death is a virtual certainity

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19
Q

Problems with murder

A 
Developed by cases 
Conviction even though no intent to kill
No defence for excessive self defence 
Duress not available 
No variation in mandatory life sentence
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20
Q

What was the law commissions proposals for reform

A

Introduce a first degree and second degree murder

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21
Q

What did the government do to change

A

Ignored idea of two different offence however introduced reform that there should be defence for excessive force in self defence

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22
Q

What is voluntary manslaughter

A

Actus Reus and means Rea but MR due to LOC or DR

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23
Q

What is in diminished responsibility

A

Arose from recognised medical condition
Substantially impaired
Provides explanation for an act

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24
Q

R v Byrne

A

Sexual psychopath didn’t realise his conduct was wrong

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25
Q

What conditions were added to medical conditions in the CJA 2009

A 
Depression 
Dementia
PTSD
Schizophrenia 
Adjustment disorder
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26
Q

What are the three aspects of substantially impaired

A

Understood nature of conduct
Ability to form a rational judgement
Ability to exercise self control

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27
Q

R v golds

A

Man has abnormality of mental functioning however he wasn’t substantially impaired- sc held murder conviction

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28
Q

What is the last aspect of DR

A

Explains Ds act

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29
Q

Dr and intoxication- what are the three possibilities to consider

A

1) Intoxication at the time and they wish to use Dr as a defence
2) D was intoxicated and has recognised medical condition
3) Intoxication due to addiction

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30
Q

What happens if D was intoxicated and wish to use DR as a defence

A

Intoxication alone isn’t recognised as a condition. Requires abnormality of mental functioning

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31
Q

What happens if someone is intoxicated and has a recognised medical condition

A

The abnormality must have occurred regardless of drink or drugs- R v Deutschmann

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32
Q

What happens if someone is intoxicated due to addiction

A

ADS someone can’t control that so they will successfully get voluntary manslaughter - r v wood

33
Q

what was reform of diminished responsibility suggested in

A

Murder manslaughter and infanticide- law commission report 2006

34
Q

what are the two main issues of DR

A

burden of proof is on D to prove his illness

developmental immaturity can’t be used even though it can affect those under 18

35
Q

what are the three aspects to LOC

A

D must have lost self control
there must be a qualifying trigger
person of same age and sex must have acted in the same way

36
Q

what are the main points on loss of self control

A

it doesn’t need to be sudden however when premeditated it less likely to be accepted. anger not taken into consideration

37
Q

R v jewell

A

man with shotgun kills man, found with items like survival kit suggests it wasn’t a loss of control

38
Q

what are the two qualifying triggers in LOC

A

fear of serious violence
things said or done which constituted circumstances of n extremely grave character which caused D to think he would be seriously wronged

39
Q

what does r v ward show

A

the violence feared can be someone to else

40
Q

what does r v Dawes show

A

sexual infidelity and violence you have caused is not a qualifying trigger

41
Q

what does r v zebedee show

A

must be a justifiable sense of being seriously wronged

42
Q

what does r v clinton show

A

sexual infidelity can be included when included with other matters

43
Q

what other circumstances can be taken into account

A

depression, epilepsy or history of sexual abuse

44
Q

what is not taken into account

A

voluntary intoxication

45
Q

what does Jury consider in loc

A

Whether a normal person would have acted the same

46
Q

what is the effect of LOC

A

reduces to manslaughter

47
Q

what are the problems with loc

A

Does not cover situations where a woman in abusive situation kills through anger fear and frustration
no loger covers sexual infidelity
fear of serious violence is not enough

48
Q

what is the difference between voluntary manslaughter and involuntary

A

voluntary- intention to kill or cause GBH

involuntary- no intention

49
Q

what are the ways someone can commit IV manslaughter

A

UdAM - unlawful act manslaughter

gross negligence manslaughter

50
Q

what are the elements of UDAM

A

complete an unlawful act
must be dangerous on an objective test
must cause death
mr for unlawful act

51
Q

what is not enough for a unlawful act

A

a civil wrongdoing

52
Q

what does r v lamb show

A

no unlawful act of shooting a gun

53
Q

what cannot their be in udam

A

omission as shown by R v Lowe

54
Q

what typically is UDAM

A

non fatals or dangerous acts. however, arson, criminal damage and burglary can also be covered

55
Q

what is the test for something being dangerous

A

it must be objective, would a sober person realise the risk of some harm

56
Q

which case shows objectivity in UdAM

A

r v church

57
Q

what does the harm need to be in Udam

A

only some harm not serious harm

58
Q

which case shows that only some harm is needed

A

Larkin

59
Q

what case shows that harm need not be specific in UdAM

A

r v J M and S M

60
Q

can an act against a property be counted as Uam

A

yes as shown by R V Goodfellow when he set fire to his flat

61
Q

what is not enough for Udam + two case examples

A

fear alone is not enough on its own ( r v Dawson) however if D knows of v being frail then it can be used ( R v Watson)

62
Q

when is Burglary accepted for UdAM

A

when it is done in a dangerous way like in r v Burstow Dunn and Delay

63
Q

what are the rules of causation for UdAM

A

must be physical and legal cause

Vs self injection of a drug breaks chain of causation

64
Q

what does R v Kennedy / R v Dalby show

A

supplying a drug is not enough for unlawful act manslaughter

65
Q

what does DPP V Newbury and Jones show

A

only need mens rea for unlawful act. not required to foresee any harm.

66
Q

what are the 4 aspects of Gross negligence manslaughter

A

Duty of care
breach of duty
Gross
risk of death

67
Q

what are the three aspects of duty of care

A

proximity of relationship
reasonable foreseeability of harm
fair just and reasonable

68
Q

what did adomako show

A

civil concept of negligence still applies

69
Q

what did r v Singh show

A

landlords can be held accountable for faulty gas and the death of his tenants

70
Q

what does r v Litchfield show

A

ship owner can own a duty of care to the people on his ship

71
Q

what did R V Wacker show

A

that for all victims (the illegal immigrants in this case) were a part of the illegal act it does not matter to ds liability

72
Q

how was Stone and Dobinson unfair

A

they had a duty to call for help because it was Stone’s sister, even though they were also ill they had a duty to get help

73
Q

what must the breach of duty do

A

there must be a factual and legal cause of the death

74
Q

what did the judge state in Adomako relating to gross negligence

A

it is up to the Jury to decide whether the negligence was “gross”

75
Q

what did R v Misra and Srivastava show

A

they tried to claim that elements of the law were unclear so that it breached elements of Article 7 of the ECHR. failed as Adomako had already explained this.

76
Q

Evaluation of UdAM

A

wide range of conduct - blameworthiness varies
death was an unexpected result- did not expect other man to die due to his actions
objective test means that if D did not realise danger he is still guilty.

77
Q

Reform of UdAM

A

set out in 2006 report that UdAM should be abolished
should be three tier system
it would allow harsher sentences for more mens rea - second degree murder
criminal act would mean that it would be a subjective test to whether they realise they could be convicted

78
Q

Evaluate GNM

A

circular test- not clear and confusing “was it criminal”
inconsistent verdicts- jury decides whether it is gross enough to be criminal
uses civil test for whether someone has been negligent
hard to test what a good enough risk of death is.

79
Q

Reform of GNM

A

2006 law reform report
only guilty when: causes death, obvious to person in that position, appreciated risk at time, falls below circumstances
prosecution would prove the risk was appreciated

subjective recklessness manslaughter- no intent.

#Law crime and legal s (23 decks)

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