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Criminal Law > 4 - Murder, Provocation & Manslaughter > Flashcards

4 - Murder, Provocation & Manslaughter Flashcards

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1
Q

MURDER

What is the common law definition of murder

A

the unlawful killing of a reasonable creature

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2
Q

MURDER - 1) UNLAWFUL KILLING

Airedale NHS v Bland (when is death)

A

it is the cessation of brain stem activity

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3
Q

MURDER - 1) UNLAWFUL KILLING

AG #3 of 1994 ( what is AR for murder)

A

any intentful action which hastens death

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4
Q

MURDER - 2) - Reasonable Creature

AG v X

A

Human beings are only victims of cl murder

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5
Q

MURDER - 3) CAUSATION

r v Flynn

A

no right to expect deceased to mitigate injury

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6
Q

MURDER - 3) CAUSATION

R v WIlliams & Davis ( hitchiker)

A

liable where d caused deceased to act dangerouysly

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7
Q

MURDER - 3) CAUSATION

R v Blaue

A

refusal mof treatment does not break chain of causation

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8
Q

MURDER - 4) MENS REA

s.4(1) of CJA 1990 - mens rea element

A

Intended to kill/ cause serious harm

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9
Q

MURDER - 4) MENS REA

s.4(2) of CJA 1990 - sub element

A

Presumed to intend - natural and probable cause of conduct

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10
Q

MURDER - 4) MENS REA

R v Woolin

A

oblique intention is sufficient

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11
Q

MURDER - 4) MENS REA

DPP v CLifford

A

likely consequences - mr of intent is presumed

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12
Q

MURDER - 5) Punishments

s.2 of CJA 1990

A

details mandatory life sentence for murder conviction

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13
Q

MURDER - 5) Punishments

s.24 of Paroile Act 2019

A

eligibility of parole after 12 years

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14
Q

CAPITAL MURDER

DPP V Murray

A

extra mr needed - knowledge of garda/prison officer

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15
Q

CAPITAL MURDER

DPP v Brady (2020)

A

Most recent cap murder - 40 years

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16
Q

CAPITAL MURDER

DPP v McHugh

A

40yr sentence, released after 3/4’s

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17
Q

MANSLAUGHTER

DEFINITION

A

all unlawful killings which do not meet murder

18
Q

MANSLAUGHTER

DPP v Healy

A

must be “unlawful and dangerous”

19
Q

MANSLAUGHTER

DPP V HORGAN

A

Any unalwful act will suffice if criminal

20
Q

MANSLAUGHTER

what standard is dangerousness set to

A

objective - reasonable person test

21
Q

Gross Negligence MANSLAUGHTER

must owe a duty of care

A

R v Instan

22
Q

Gross Negligence Manslaughter

Breach is held at objective standard

A

AG v Dunleavy

23
Q

Gross Negligence Manslaughter

Failure of SOC must have brought a v.high level of risk/danger

A

DPP v Scully

24
Q

Gross Negligence Manslaughter

step test to gross neg manslaughter in R v Duckenfield

A

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

25
Q

Dangerous Driving

statutory offence

A

s.53 of RTA 1961

26
Q

dangerous driving

Objectyive test for dangerous driving

A

DPP v Connaughton

27
Q

Euthanasia

Fleming v Ireland

A

assisted suicide is illegal

28
Q

PROVOCATION

Not a complete defence

A

DPP v Bourke

29
Q

PROVOCATION

loss of control not loss of temper

A

DPP v Davis

30
Q

PROVOCATION

can extreme anger be used for loss of control

A

yes - DPP v Curran

31
Q

PROVOCATION - ENgland - Objective

What is the standard in R v Camplin

A

reasonable person with some of d’s characterisitics

32
Q

PROVOCATION - ENgland - Objective

objective requirement of behaviour which meets “societal expectations”

A

R v Smith

33
Q

PROVOCATION - Ireland - Subjective

DPP v Hussein

A

subjective test for provaction

34
Q

provocative conduct

must be evidenced

A

DPP v Davis

35
Q

Provocative conduct

must have been done by deceased to def

A

DPP v Delaney

36
Q

provocative conduct

Sufficient if A to B, B Kills C mistakenly

A

DPP v Doyle

37
Q

HEAT OF THE MOMENT

Mancini v DPP

A

More time between = less likely to succeed

38
Q

PROPORTIONALITY OF PROVOCATION

DPP v Hennessy

A

still allowed to jury if proportionate

39
Q

PROOF OF PROVOCATION

DPP V CEKA

A

Up to prosecution to negate it - up for jury to decide

40
Q

DPP v MCNAMARA Provocation

A

mixed test for provocation in ireland - objective test with some of d’s characteristics

Criminal Law (9 decks)

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