Crim Homicide 2 Flashcards
What is the abnormality of mental functioning in Diminished responsibility?
Not formally defined, traditionally considered an objectively significant deviation from what would normally be regarded as normal by a reasonable person.
What level of violence is required for a loss of self-control?
A fear of serious violence. This creates a problem in failing to address cases such as AHLUWALIA (1993)
In what case did the CofA conclude that voluntary acute intoxication (from Alc or other substance) is not capable of founding diminished responsibility?
Dowds (2012)
However a defence may be made if D is suffering from the combined effect of intoxication and a recognised med condition
How is chronic alcoholism considered?
As a recognised medical condition so can therefore be used as a defence.
What are the three types of involuntary manslaughter?
- “Reckless” or “Foresight” Manslaughter
- “Unlawful Act” or “Constructive” Manslaughter
- Gross Negligence Manslaughter
What does reckless manslaughter refer to?
If there was foresight of death or serious injury
What does gross negligence manslaughter refer to?
Irrespective of whether there was foresight of death or serious injury the jury considered their actions to be GROSSLY NEGLIGENT as to the RISK OF DEATH.
The is NO UNLAWFUL ACT upon which to grant liability
How will the prosecution select the charge of manslaughter to be applied?
They will pick the easiest one to establish as a matter of evidence
What type of manslaughter is rarely used?
Reckless. Will also usually be constructive so charged that way.
Reckless is most useful as a means of directing a jury to find D guilty if they are no convinced that he foresaw death or serious inj as probable.
What is constructive manslaughter?
When death results from an UNLAWFUL and OBJECTIVELY DANGEROUS ACT OF D but there is insufficient evidence that D intended death or serious injury
Why is constructive manslaughter so named?
Because liability for one crime is constructed out of another.
P needs to identify the core offence and the likelihood of the resulting harm
This crime will require INTENTION OR RECKLESSNESS
Can constructive manslaughter be committed by omission?
No, omissions are not sufficient even where there is a duty of care
What was the outcome of DAWSON 1985
- V died of heart failure during armed robbery
- Conviction of constructive manslaughter was quashed by CoA as V must suffer PHYSICAL HARM NOT EMOTIONAL SHOCK (D’s were not aware of V’s heart condition)
What occured in LAMB (1967)?
- 2 boys playing with a revolver
- 2 bullets in chamber but boys believed that they would not fire - however revolver turns then fires
- D accidentally killed V - charged with constructive manslaughter
- not guilt as no criminal offence
What occured in LARKIN (1943)
- A waved a razor about intending to frighten his mistress’s lover.
- claimed mistress, who was drunk, blundered against the razor and was killed when it cut her throat.
- Conviction upheld for Constructive Manslaughter
- An UNLAWFUL ACT had been committed consisting of the assault against the mistress’s lover. This was a DANGEROUS ACT in that it was one which a SOBER AND REASONABLE person would regard as dangerous
