2.4 Fatal offences againts the person Flashcards
Murder
define murder
the unlawful killing of a human being with malice aforethought
Murder
Actus reus
the unlawful killing od a human being
Murder
Mens rea
intent to kill or cause grevious bodily harm
Murder
Case of mens rea of murder
Matthews and Alleyne
Murder
Facts of Matthews and Alleyne
D’s threw the victim into the river knowing he could not swim. Argued they did not intend for victim to die
Murder
Held in Matthew and Alleyne
Both D’s guilty or murder as the death was seen as ‘vertually certain’ to happen
Murder
What are the 2 partial defences that only apply to murder?
Loss of control
Diminished responsibility
Loss of control
What’s the 3 stage test of this defence
D must lose control
because of a qualifying trigger
a person of their sex, age and degree of tolerence might have reacted the same way
Loss of control
Explain ‘Defendant must lose control’
does not matter the time between the loss of control and the murder
Loss of control
What constitutes a ‘qualifying trigger’
- D’s fear of serious violence from the victim
- something done or said by the victim
Loss of control
Case that outlines this area of law
R v Clinton 2012
Loss of control
R v Clinton facts
D’s wife was having an affair while they were on a break, when they met up he killed her
Loss of control
Held in R v Clinton
His murder conviction was quashed as the defence of loss of control succeeded
Diminished responsibility
What is the 4 stage test for diminished responsibility
- D was suffering from abnormal mental functioning
- it was a medically recognised condition
- mental conditioned substancially impaired ability to understand nature of conduct or to exercise self control
- and thus providing explanation for behaviour
Diminished responsibility
Case that illustrates diminished responsibility
R v Golds
Diminished responsibility
Facts of R v Golds
D, who had a history of mental disorders, killed his partner by inflicting 22 stab wounds on her
Diminished responsibility
Held in R v Golds
He was found guilty.
The court should leave interpretation of the word ‘substantial’ to the jury.
Voluntary manslaughter
Actus reus
Causing death to another person
Voluntary manslaughter
Mens rea
Intention to kill
Voluntary manslaughter
What is voluntary manslaughter
Occurs when the D kills with mens rea but one of the partial defences applies
Voluntary manslaughter
Key case
R v Byrne
Voluntary manslaughter
Facts of R v Byrne
D murdered young girl in YWCA hostel, then mutilated her body but he suffered from irresistible impulses he couldnt control
Voluntary Manslaughter
Held in R v Byrne
Held that he was suffereing ‘abnormality of mind’. This allowed the conviction to drop from murder to manslaughter
What are the 2 types of involuntary manslaughter
Involuntary manslaughter…
- unlawful and dangerous act manslaughter
- gross negligence manslaughter
Involuntary manslaughter (unlawful and dangerous act manslaughter)
Actus reus
Death caused by the defendant’s unlawful act, rather than deliberately
Involuntary manslaughter (unlawful and dangerous act manslaughter)
Mens rea
mens rea for this act is the same mens rea of the unlawful act
Involuntary manslaughter (unlawful and dangerous act manslaughter)
What are some rules to the actus reus of this law
act must be dangerous
act must cause the death
act must be unlawful
Involuntary manslaughter (unlawful and dangerous act manslaughter)
Case outlining actus reus of this law
R v Lowe 1973
Involuntary manslaughter (unlawful and dangerous act manslaughter)
Facts of R v Lowe (1973)
D neglected his child and as a result died from dehydration. Trial judge stated if he was found guilty of ‘neglect’ he must also be found guilty of manslaughter on the grounds that neglect is a unlawful act
Involuntary manslaughter (unlawful and dangerous act manslaughter)
Held in R v Lowe (1973)
There must be an unlawful act, not omission, so D was not guilty of manslaughter
Involuntary manslaughter (Gross negligence manslaughter)
Define gross negligence manslaughter
Where the death is the result of a grossly negligent act or omission by the D
Involuntary manslaughter (Gross negligence manslaughter)
What case developed the 4 part test for this law
R v Adomako
Involuntary manslaughter (Gross negligence manslaughter)
4 part Adomako test for gross negligence manslaughter
- Duty of care must be owed
2.A breach of that duty, which can be chatagorised as gross negligent
- Breach must cause the death of the victim
- Must show conplete disregard for human life
Involuntary manslaughter (Gross negligence manslaughter)
Facts of R v Adomako (1994)
The appellant was in charge of a patient during eye operation, an oxygen pipe burst and he failed to spot obvious signs.
Involuntary manslaughter (Gross negligence manslaughter)
Held in R v Adomako (1994)
Conviction of gross negligence manslaughter was upheld, the laws of negligence applies to make certain C has been in breach of duty of care
Involuntary manslaughter
What defences can be pleaded for both types of involuntary manslaughter
Automatism, Insanity, Intoxication or self defence
