Fatal Offences

Question 1

Who defines murder, and what is it?

Answer 1

Lord Coke: The unlawful killing of a reasonable creature in being under the queen’s peace with malice aforethought express or implied.

Question 2

Punishment for murder, in what act

Answer 2

Murder Act 1965-Mandatory Life

Question 3

Beckford

Answer 3

Self defence=not unlawful killing

Question 4

R v Steele

Answer 4

Can be omission too if there is a duty to act-turning off life support when braindead:lawful

Question 5

Reasonable creature

Answer 5

Not a foetus

Question 6

Under queen’s peace

Answer 6

Not in war time

Question 7

Mens rea for murder, and outlined where

Answer 7

S1 Homocide Act 1957
Express malice aforethought-intent to kill

Implied malice aforethought-intent to cause GBH

Question 8

R v Vickers

Answer 8

Intent to cause GBH

Broke into shop, attacked shopkeeper. V fird of resulting shock. Held intended to cause GBH, so was guilty of murder

Question 9

Hancock v Shankland

Answer 9

Dropped concrete block from bridge, hit taxi driver. Held:oblique intent as virtual certainty serious harm would be caused.

Question 10

Voluntary manslaughter definition, and what acts are they contained in?

Answer 10

A defendant commits murder but has a defence contained in Homocide 1957, and Coroners and Justice 2009

Question 11

What is significant about the defence for murder?

Answer 11

Not acquitting, it is a partial defence:reduce sentence

Question 12

Who is the burden of proof on in voluntary manslaughter cases?

Answer 12

Burden is on defendant to show defence applies. Prosecution must prove false

Question 13

What are the 2 defences?

Answer 13

Loss of self control (C&J 2009)

Diminished responsibility

Question 14

Define loss of control, and what case?

Answer 14

R v Jewell-loss of ability to act in accordance with considered judgement

Question 15

S54(2) Coroners & Justice Act 2009, what cases as well

Answer 15

Clinton-Doesnt need to be sudden, just needs to be lost.

Dawes-may result from cumulative impact of earlier events. Reactions can be delayed

(Used to have to be sudden and temporary in Homocide Act)

Question 16

S54(4) Coroners & Justice Act 2009

Answer 16

Revenge is not a defence. More deliberate=less likely to have lost control

Question 17

S54(6) C&J 2009, what case also

Answer 17

Self induced loss of control is not a defence-Dawes

Question 18

R v Ahluwalia

Answer 18

Wife abused and threatened to be killed by husband. She set him on fire when asleep. Held: has grounds on diminished responsibility, but no loss of control as was not sudden or necessary, but now Coroners act allows it

Question 19

R v Dawes

Answer 19

Attacked man who fucked his wife. Man fought back. D stabbed him. D claimed for loss of control, but denied as he initiated the violence.

Question 20

3 Qualifying triggers and section no. (For the 2nd one)

Answer 20

FEAR of serious violence resulting in LOC

Anger- S55(4)-things said or done of grave character, causing a justifiable sense of being wronged. (Objective test)

Combination of 2

Question 21

Cases for qualifying triggers

Answer 21

Doughty-crying baby was held to amount to provocation previously in homocide act, not anymore!!

Hatter-break up=not qualify

R v Mohammed-killing daughter in honour killing=failed reasonable man test, his own perception irrelevant

Question 22

Combination of fear/anger restrictions

Answer 22

s55(6)(c)-sexual infidelity itself is not a qualifying trigger, but circumstances surrounding may be considered. (Clinton)

Question 23

What happens after deciding qualified trigger for cause of loss of control

Answer 23

Objective test-would a person of same sex and age react in the same way

Question 24

S54(3) and case

Answer 24

For objective test, take into account all cirucmstances apart from those that impact tolerance and self restraint e.g Asmelash-he was intoxicated but was not considered

Question 25

Van Dongen

Answer 25

Jury felt a normal person would have lost control, but not punched and kicked V on the pavement, so defence unavailable

Question 26

4 elements of diminished responsibility

Answer 26

D suffering from an abnormality of mental functioning
Arising from a recognised medical condition
Which substantially impaired D’s ability to:
understand nature of conduct
form rational judgement
exercise self control
Provides an explanation for D’s actions in killing

Question 27

R v Byrne

Answer 27

State of mind so different a reasonable person would call it abnormal

Question 28

Arose from medical condition cases (3)

Answer 28

Byrne-psychopathy
Gittens-Chronic depression
Paranoia-Martin

Question 29

Golds

Answer 29

Substantially impaired D’s ability-

Judges should use their own common sense to define substantial

Question 30

Brown

Answer 30

Abnormality provides explanation for D’s actions in killing

Must be a causal link between D’s abnormality and killing, but need not be the only one, just needs to be a significant factor

Question 31

Dietschmann

Answer 31

D suffered from mental disorder, was also heavily intoxicated when he killed V.

Held:even if alcohol was principal cause, his disorder was still a signficant cause so not liable