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A level Law: Criminal Law > 2.4 Fatal offences againts the person > Flashcards

2.4 Fatal offences againts the person Flashcards

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1
Q

Murder

define murder

A

the unlawful killing of a human being with malice aforethought

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2
Q

Murder

Actus reus

A

the unlawful killing od a human being

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3
Q

Murder

Mens rea

A

intent to kill or cause grevious bodily harm

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4
Q

Murder

Case of mens rea of murder

A

Matthews and Alleyne

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5
Q

Murder

Facts of Matthews and Alleyne

A

D’s threw the victim into the river knowing he could not swim. Argued they did not intend for victim to die

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6
Q

Murder

Held in Matthew and Alleyne

A

Both D’s guilty or murder as the death was seen as ‘vertually certain’ to happen

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7
Q

Murder

What are the 2 partial defences that only apply to murder?

A

Loss of control

Diminished responsibility

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8
Q

Loss of control

What’s the 3 stage test of this defence

A

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

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9
Q

Loss of control

Explain ‘Defendant must lose control’

A

does not matter the time between the loss of control and the murder

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10
Q

Loss of control

What constitutes a ‘qualifying trigger’

A
  • D’s fear of serious violence from the victim
  • something done or said by the victim
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11
Q

Loss of control

Case that outlines this area of law

A

R v Clinton 2012

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12
Q

Loss of control

R v Clinton facts

A

D’s wife was having an affair while they were on a break, when they met up he killed her

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13
Q

Loss of control

Held in R v Clinton

A

His murder conviction was quashed as the defence of loss of control succeeded

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14
Q

Diminished responsibility

What is the 4 stage test for diminished responsibility

A
  1. D was suffering from abnormal mental functioning
  2. it was a medically recognised condition
  3. mental conditioned substancially impaired ability to understand nature of conduct or to exercise self control
  4. and thus providing explanation for behaviour
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15
Q

Diminished responsibility

Case that illustrates diminished responsibility

A

R v Golds

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16
Q

Diminished responsibility

Facts of R v Golds

A

D, who had a history of mental disorders, killed his partner by inflicting 22 stab wounds on her

17
Q

Diminished responsibility

Held in R v Golds

A

He was found guilty.

The court should leave interpretation of the word ‘substantial’ to the jury.

18
Q

Voluntary manslaughter

Actus reus

A

Causing death to another person

19
Q

Voluntary manslaughter

Mens rea

A

Intention to kill

20
Q

Voluntary manslaughter

What is voluntary manslaughter

A

Occurs when the D kills with mens rea but one of the partial defences applies

21
Q

Voluntary manslaughter

Key case

A

R v Byrne

22
Q

Voluntary manslaughter

Facts of R v Byrne

A

D murdered young girl in YWCA hostel, then mutilated her body but he suffered from irresistible impulses he couldnt control

23
Q

Voluntary Manslaughter

Held in R v Byrne

A

Held that he was suffereing ‘abnormality of mind’. This allowed the conviction to drop from murder to manslaughter

24
Q

What are the 2 types of involuntary manslaughter

A

Involuntary manslaughter…

  1. unlawful and dangerous act manslaughter
  2. gross negligence manslaughter
25
Q

Involuntary manslaughter (unlawful and dangerous act manslaughter)

Actus reus

A

Death caused by the defendant’s unlawful act, rather than deliberately

26
Q

Involuntary manslaughter (unlawful and dangerous act manslaughter)

Mens rea

A

mens rea for this act is the same mens rea of the unlawful act

27
Q

Involuntary manslaughter (unlawful and dangerous act manslaughter)

What are some rules to the actus reus of this law

A

act must be dangerous

act must cause the death

act must be unlawful

28
Q

Involuntary manslaughter (unlawful and dangerous act manslaughter)

Case outlining actus reus of this law

A

R v Lowe 1973

29
Q

Involuntary manslaughter (unlawful and dangerous act manslaughter)

Facts of R v Lowe (1973)

A

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

30
Q

Involuntary manslaughter (unlawful and dangerous act manslaughter)

Held in R v Lowe (1973)

A

There must be an unlawful act, not omission, so D was not guilty of manslaughter

31
Q

Involuntary manslaughter (Gross negligence manslaughter)

Define gross negligence manslaughter

A

Where the death is the result of a grossly negligent act or omission by the D

32
Q

Involuntary manslaughter (Gross negligence manslaughter)

What case developed the 4 part test for this law

A

R v Adomako

33
Q

Involuntary manslaughter (Gross negligence manslaughter)

4 part Adomako test for gross negligence manslaughter

A
  1. Duty of care must be owed

2.A breach of that duty, which can be chatagorised as gross negligent

  1. Breach must cause the death of the victim
  2. Must show conplete disregard for human life
34
Q

Involuntary manslaughter (Gross negligence manslaughter)

Facts of R v Adomako (1994)

A

The appellant was in charge of a patient during eye operation, an oxygen pipe burst and he failed to spot obvious signs.

35
Q

Involuntary manslaughter (Gross negligence manslaughter)

Held in R v Adomako (1994)

A

Conviction of gross negligence manslaughter was upheld, the laws of negligence applies to make certain C has been in breach of duty of care

36
Q

Involuntary manslaughter

What defences can be pleaded for both types of involuntary manslaughter

A

Automatism, Insanity, Intoxication or self defence

A level Law: Criminal Law (16 decks)

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