definitions

Question 1

Murder

Answer 1

lord edward coke - the unlawful killing of a reasonbal ecreature in being under the queens peace, with malice afroethought, expressed or implied

Question 2

loss of control

Answer 2

s54 of the Coroners and justice act 2009
* d muts lose control
* as the result of a qualifying trigger
* a person o fthe same age and sex with a normal degree of tolerance would have acted in the same way

Question 3

diminished repsonsibility

Answer 3

s52 of the C and J act 2009
ammended the homocide act 1957
* d suffers from abnormality of mental fucntoning
* arising from a recognised medical condition
* substantially impares theri ability ot excersise self control, form rational judgment or undertstand the nature or quality of their acts
* provides an explanatin for their behaviour

Question 4

unlawful act manslaughter

Answer 4

and unlawful and dangerous act which causes the death of a human being

Question 5

gross negligence manslaughter

Answer 5

where death is the result of a grossly negligent act
adamako 1994
* existence of a duty of care (donohghue and caparo)
* the breach causes or significantly contributes to the death
* the breach was gross

Question 6

assault

Answer 6

fagan v MPC 1969 - intentionally or recklessly causing the vicitm to apprahend immediate unlawful personal violence

Question 7

battery

Answer 7

ireland 1997 - the defednant intentionally or recklessly applies unlawful force upon a victim

Question 8

s47

Answer 8

Assault or battery resulting in ABH
ABH is any hurt or injury calculated to interfere with the health or comfort of the victim

Question 9

s20

Answer 9

unlawfully wound or inflcit GBH
wound - break the ocntinuity of the skin resulting in external bleeding
GBH - serious harm such as long term or permenant injury

Question 10

s18

Answer 10

wounding with intent” or “causing grievous bodily harm with intent”

Question 11

theft

Answer 11

s1(1) of the theft act 1968
a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permenantly deprving the other of it

Question 12

robbery

Answer 12

s8 of teh theft act 1968
a person is guilty of robbery if he steal sand immediately before or at the time of doing so and in order to do so, he uses force on any person or seeks to put any person in fear of being then and there subjected to force

Question 13

attempts

Answer 13

s1(1) of teh criminal attempts act 1981
if, with intent to commit and offence to which this section appies, a person does an act which is more than merely prepatory to the commison of the offence, he is guilty of attempting to comit the offence

Question 14

insanity

Answer 14

Mnaughten rules 1843
* defect of reason
* arising from diseas the of the mind
* did not know teh nature or quality of the act
* and if he did now, he didnt know it was wrong

Question 15

automatism

Answer 15

an act done by the muscles without any control of the ind such as a spasm, or an act done by a person who is not concious to what he is doing such as an act done whole suffering from concussion

Question 16

intoxication

Answer 16

covers the effects of alchohol durgs and other substances

Question 17

self defence

Answer 17

using necessary and reasonable force to defend oneslef from attack or to defend another person

Question 18

duress by threats

Answer 18

where someone commiys acrime bevause they were subject to a threat of death or serious injruy

Question 19

duress by cicumstance

Answer 19

where someone commits an offence because of teh circumstances in which they found themselves in