4 - Murder, Provocation & Manslaughter Flashcards
MURDER
What is the common law definition of murder
the unlawful killing of a reasonable creature
MURDER - 1) UNLAWFUL KILLING
Airedale NHS v Bland (when is death)
it is the cessation of brain stem activity
MURDER - 1) UNLAWFUL KILLING
AG #3 of 1994 ( what is AR for murder)
any intentful action which hastens death
MURDER - 2) - Reasonable Creature
AG v X
Human beings are only victims of cl murder
MURDER - 3) CAUSATION
r v Flynn
no right to expect deceased to mitigate injury
MURDER - 3) CAUSATION
R v WIlliams & Davis ( hitchiker)
liable where d caused deceased to act dangerouysly
MURDER - 3) CAUSATION
R v Blaue
refusal mof treatment does not break chain of causation
MURDER - 4) MENS REA
s.4(1) of CJA 1990 - mens rea element
Intended to kill/ cause serious harm
MURDER - 4) MENS REA
s.4(2) of CJA 1990 - sub element
Presumed to intend - natural and probable cause of conduct
MURDER - 4) MENS REA
R v Woolin
oblique intention is sufficient
MURDER - 4) MENS REA
DPP v CLifford
likely consequences - mr of intent is presumed
MURDER - 5) Punishments
s.2 of CJA 1990
details mandatory life sentence for murder conviction
MURDER - 5) Punishments
s.24 of Paroile Act 2019
eligibility of parole after 12 years
CAPITAL MURDER
DPP V Murray
extra mr needed - knowledge of garda/prison officer
CAPITAL MURDER
DPP v Brady (2020)
Most recent cap murder - 40 years
CAPITAL MURDER
DPP v McHugh
40yr sentence, released after 3/4’s
MANSLAUGHTER
DEFINITION
all unlawful killings which do not meet murder
MANSLAUGHTER
DPP v Healy
must be “unlawful and dangerous”
MANSLAUGHTER
DPP V HORGAN
Any unalwful act will suffice if criminal
MANSLAUGHTER
what standard is dangerousness set to
objective - reasonable person test
Gross Negligence MANSLAUGHTER
must owe a duty of care
R v Instan
Gross Negligence Manslaughter
Breach is held at objective standard
AG v Dunleavy
Gross Negligence Manslaughter
Failure of SOC must have brought a v.high level of risk/danger
DPP v Scully
Gross Negligence Manslaughter
step test to gross neg manslaughter in R v Duckenfield
1- must owe a doc
2- must breach
3- breach must give probability of loss of life
4- must be ther cause
5- breach must be reprehensible
Dangerous Driving
statutory offence
s.53 of RTA 1961
dangerous driving
Objectyive test for dangerous driving
DPP v Connaughton
Euthanasia
Fleming v Ireland
assisted suicide is illegal
PROVOCATION
Not a complete defence
DPP v Bourke
PROVOCATION
loss of control not loss of temper
DPP v Davis
PROVOCATION
can extreme anger be used for loss of control
yes - DPP v Curran
PROVOCATION - ENgland - Objective
What is the standard in R v Camplin
reasonable person with some of d’s characterisitics
PROVOCATION - ENgland - Objective
objective requirement of behaviour which meets “societal expectations”
R v Smith
PROVOCATION - Ireland - Subjective
DPP v Hussein
subjective test for provaction
provocative conduct
must be evidenced
DPP v Davis
Provocative conduct
must have been done by deceased to def
DPP v Delaney
provocative conduct
Sufficient if A to B, B Kills C mistakenly
DPP v Doyle
HEAT OF THE MOMENT
Mancini v DPP
More time between = less likely to succeed
PROPORTIONALITY OF PROVOCATION
DPP v Hennessy
still allowed to jury if proportionate
PROOF OF PROVOCATION
DPP V CEKA
Up to prosecution to negate it - up for jury to decide
DPP v MCNAMARA Provocation
mixed test for provocation in ireland - objective test with some of d’s characteristics
