Crime - Homicide

Question 0

R v Cunningham

Answer 0

Malice aforethought is intention to kill -OR- inflict GBH

Question 1

Murder

Answer 1

AR: Unlawful killing of a human being under the Queen’s peace (Coke)
MR: with malice aforethought (s1 Homicide Act 1957)

Question 2

R v Woollin

Answer 2

Oblique intent is where death is a virtually certain consequence of D’s course of action

Question 3

DPP v Smith

Answer 3

GBH is really serious harm

Question 4

R v Lamb

Answer 4

UAM requires the commission of an unlawful act upon which to found liability

Question 5

DPP v Newbury

Answer 5

Unlawful act must carry some degree of harm, but D does not have to foresee that risk

Question 6

R v Lowe

Answer 6

UAM cannot be founded on an omission to act

Question 7

R v Adomako - Gross Negligence Manslaughter

Answer 7

AR: Breach of duty of care causing V’s death -AND- which is deserving of criminal punishment
MR: Gross negligence below the standards expected of a reasonable person
Sentence: Life

Question 8

s2 Homicide Act 1957 - Voluntary Manslaughter

Answer 8

Partial defences reducing murder to voluntary manslaughter:

• diminished responsibility
• loss of control

Question 9

Corporate Manslaughter and Homicide Act 2007

Answer 9

AR: Breach of duty of care by senior management of a qualifying organisation causing V’s death
MR: Gross negligence below what is to be reasonably expected in the circumstances (s1(4) CMCHA 2007)
Sentence: Unlimited fine

Question 10

s1(2) CMCHA 2007

Answer 10

Qualifying organisations include:

• corporations
• government departments
• police force
• partnerships/trades union/employers’ federation

Question 11

s52 Coroners and Justice Act 2009

Answer 11

Diminished responsibility is where D is suffering from an abnormality of mental functioning arising froa recognised medical condition that substantially impairs his ability to:

• understand his actions
• form a rational judgement
• exercise self-control
• AND- which explains D’s actions

Question 12

s54 Coroners and Justice Act 2009

Answer 12

Where certain qualifying triggers cause D to lose self-control, which need not be a sudden loss -AND- such triggers would also cause a reasonable person of the same age/gender to respond in the same way

Question 13

R v Holley

Answer 13

The reasonable persois of the same age/gender and shares the same characteristics relating to the gravity of the situation, but not those specific to personality traits, e.g. quickness of temper

Question 14

s55(6) Coroners and Justice Act

Answer 14

Qualifying triggers for a loss of self control include:

• grounds to suspect/fear serious violence
• things said/done that are of an extremely grave character -OR- give rise to a justifiable sense of being wronged

Question 15

R v Dietschmann

Answer 15

Abnormality of mental functioning need not be the sole impairment

Question 16

R v Byrne

Answer 16

Uncontrollable urges may be sufficient to impair the exercise of self-control