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SQE 1 > Criminal Law 2 - Homicide > Flashcards

Criminal Law 2 - Homicide Flashcards

1
Q

What are the elements of a murder offence?

A
  • Actus Reus:
    unlawful killing (factual & legal causation) of a human being under Queen’s Peace
  • Mens Rea:
    intention to kill or cause GBH (serious harm)
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2
Q

How does murder apply to babies?

A
  • must be fully expelled to be considered alive
  • not necissary for umbilical cord to be cut
  • pregnant woman stabbed in the abdomen, not guilty of murder of child
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3
Q

What are the cases on Mens Rea for murder?

A

burglar kicked elderly woman in the face - intended to cause serious harm therefore had MR for Murder.

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4
Q

What are the two types of Manslaughter?

A
  • Voluntary Manslaughter
  • Involuntary Manslaughter
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5
Q

What defence can reduce a murder offence to voluntary manslaughter?

A

If D is:

  • loss of control
  • diminished responsibility
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6
Q

What are the 2 types of involuntary manslaughter?

A
  • Unlawful act: kills someone while committing an unlawful act (but no mens rea for murder)
  • Gross negligence: D breached DoC to V causing death
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7
Q

What requirements are there to prove unlawful act involuntary manslaughter?

A
  • D intentionally (voluntarily) did an act
  • Act was unlawful
  • Unlawful act was objectively dangerous.
  • Unlawful act caused death of victim: factual & legal causation

(Burglary of elderly man & heart attack)

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8
Q

Unlawful act involuntary manslaughter - what does dangerous mean?

A
  • some harm but need not be serious
  • judged objectively with D’s knowledge at time.
  • harm foreseen = physical not emotional
  • harm foreseen need not be harm actually caused
    (Robbed petrol station wouldn’t know of dodgy heart v’s robbed frail old man)
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9
Q

What are the cases on unlawful act involuntary manslaughter?

A
  • D pointed gun at friend for a joke, neither party thought there was a risk, V was shot. No unlawful act therefore no unlawful act involuntary manslaughter.
  • Landlord removed patron from pub, V fell down stairs and died. Reasonable force therefore no assault therefore no unlawful act involuntary manslaughter.
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10
Q

Unlawful act manslaughter, what does dangerous act harm mean?

A
  • some harm but need not be serious
  • judged objectively with D’s knowledge at time.
  • harm foreseen = physical not emotional
  • harm foreseen need not be harm actually caused
    (Robbed petrol station wouldn’t know of dodgy heart v’s robbed frail old man)
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11
Q

Unlawful act manslaughter, what does caused death mean (drugs)

A

Inject drugs - offence and cause
Supply drugs - if freely and voluntarily self administered then no cause.

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12
Q

What requirements are there to prove gross negligence involuntary manslaughter
?

A
  1. Existence of a DoC
  2. Breach of that DoC (act or omission)
  3. Breach caused death (factual & legal)
  4. Obvious Risk of death (death, not injury/serious injury)
  5. Serious enough for gross negligence (amounts to criminal act or omission)
  • carbon monoxide poisoning ✅
  • slumped drug user no help ✅
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13
Q

What medical cases are there on gross negligence involuntary manslaughter?

A
  • anaesthetist didn’t check oxygen tube - guilty
  • Dr didn’t check on V, ignored advice from nurses and other doctors - guilty
  • Junior doctors asked for help - not Grossly negligent
  • Several tenants complained of Gas fires - maintenance man guilty
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14
Q

What requirements are there to prove gross negligence manslaughter - what does risk of death mean?

A

Means risk of death not serious harm
- Optometrist missed check ❌

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15
Q

What are the types of Voluntary manslaughter?

A
  • Diminished responsibility voluntary Manslaughter
  • Loss of Control voluntary Manslaughter
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16
Q

Voluntary manslaughter - loss of control - what sort of defence

A

Partial

17
Q

Voluntary manslaughter - loss of control - who has BoP?

A
  • Judge decides whether defence can be put to Jury, if so
  • Prosecution has BoP- but only need show one element missing
18
Q

Voluntary manslaughter - loss of control - what is required?

A
  • killing resulted from D’s loss of control
  • qualifying trigger
  • no disqualifying trigger
  • objective reasonable for someone with D’s attributes to lose control.
19
Q

Voluntary manslaughter - loss of control - what are qualifying triggers?

A
  • fear of violence
  • things said or done of a grave character that led to a justified sense of being wronged
  • a person of D’s sex, age with a normal degree of tolerance in the circumstances of D might have reacted in the same way
20
Q

Voluntary manslaughter - loss of control - what are disqualifying triggers?

A

can’t be:
- mere circumstances (traffic)
- D incited V to use violence
- Revenge
- sexual infidelity
- attempted murder

21
Q

Voluntary manslaughter - loss of control - what are non-allowable characteristics when considering whether the reasonable person would have acted in a similar way?

A
  • Bad temper
  • Intoxication
  • Extreme sensitivity
  • PTSD
  • Personality Disorder
22
Q

Voluntary manslaughter - loss of control and intoxication - what’s the beef?

A

Loss of control approached by standard of sober man. Taunts of alcoholism still contribute, but being drunk wouldn’t.

23
Q
A
24
Q

Voluntary manslaughter - diminished responsibility - who has the burden of proof?

A

Defence to prove on balance of probabilities

25
Q

Voluntary manslaughter - diminished responsibility - what’s required?

A
  • abnormality of mental functioning
  • recognised medical condition
  • explains D’s acts
  • substantial impairment of D to
    — understand nature of conduct (respawn)
    — rational judgement (bro’s instructions)
    — exercise self control (devil)
26
Q

Voluntary manslaughter - diminished responsibility and intoxication - what’s the beef?

A
  • If mental abnormality, would it impair despite being drunk?
  • alcohol dependency - if caused D to drink then can be an impairment

SQE 1 (149 decks)

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