Fatal Offence Case Law Flashcards
What is the key case for the actus reus of murder?
R v Gibbins and Proctor (1918)
In the case R v Cunningham, what was the mens rea established for the offence of murder?
Malice aforethought
What is the key case for the mens rea of murder?
R v Moloney (1985)
True or False: Constructive malice is sufficient for the mens rea of murder.
False
Fill in the blank: In R v ________, the House of Lords confirmed that foresight of consequences is not the same as intent.
Woollin (1998)
What is the key case for diminished responsibility in murder cases?
R v Byrne (1960)
In R v Gittens, what was the key point established regarding the defence of provocation?
The loss of self-control must be sudden and temporary
What is the key case for the defence of necessity in murder cases?
R v Dudley and Stephens (1884)
True or False: Duress is a defence in murder cases.
False
Fill in the blank: In R v ________, the Court of Appeal confirmed that intoxication is not a defence to murder.
King (2002)
What is the key case for the unlawful act manslaughter?
R v Franklin (1883)
In R v Goodfellow, what was the key point established regarding the offence of gross negligence manslaughter?
The defendant must owe a duty of care
What is the key case for gross negligence manslaughter?
R v Adomako (1994)
True or False: Recklessness is not a sufficient mens rea for gross negligence manslaughter.
True
Fill in the blank: In R v ________, the Court of Appeal confirmed that the reasonable person test applies to gross negligence manslaughter.
Bateman (1925)
What is the key case for corporate manslaughter?
R v Cotswold Geotechnical Holdings Ltd (2011)
In R v Litchfield, what was the key point established regarding the offence of corporate manslaughter?
The company’s senior management must be the directing mind and will
What is the key case for the offence of infanticide?
R v Gore (2007)
True or False: Infanticide is a complete defence to the offence of murder.
False
Fill in the blank: In R v ________, the Court of Appeal clarified the elements required for the defence of infanticide.
Higginbotham (2005)
What is the key case for the offence of causing or allowing the death of a child or vulnerable adult?
R v Kennedy (2007)
In R v Kennedy, what was the key point established regarding the mens rea for causing or allowing the death of a child or vulnerable adult?
Wilful blindness is sufficient
True or False: Duress is a defence to causing or allowing the death of a child or vulnerable adult.
False
Fill in the blank: In R v ________, the Supreme Court clarified the requirement of a substantial risk of serious harm for the offence of causing or allowing the death of a child or vulnerable adult.
Evans (2009)
