Fatal Offences Flashcards
Define Murder
The unlawful killing of a reasonable creature in being, under the King’s peace, with malice aforethought express or implied
Actus reus of murder
- Unlawful killing - not self-defence or prevention of crime
- Under the King’s peace - killing in war is not murder
- Reasonable creature in being - is a foetus a reasonable creature? brain dead people?
Mens rea of murder
- Malice aforethought express or implied
- No MR for murder without forseight of consequence
Causation for murder
- Normal rules apply
- Must prove factual and legal causation
- Must be no intervening act that breaks chain of causation
Forseight of Consequence for Murder
- D must foresee that death or serious injury would be caused
- No MR for murder if no foresight of consequence
Oblique intent for murder
- When intention of GBH or death isnt obvious but it still resulted in death
Transferred Malice for Murder
- Normal rules apply
Coincidence of AR and MR
Normal rules apply
What is the Year and a Day Rule
Murder
- If a V was on life support and it had been 1 year and 1 day, then D can no longer be liable if V dies
- Abolished in 1996 Law Reform Act as was unfair
Vickers 1957
Murder
D broke into sweet shop. Knew old last was deaf. D punched V and kicked in head. V died
Only intended GBH but liable for murder as was reckless
Moloney 1985
Murder
Drunk playing ‘quick draw’. V said D didn’t have guts to pull trigger. D did and V died
D liable as was forseeable
What are the 3 denfences in voluntary manslaughter
- Diminished responsibility
- Loss of control
- Suicide pact
Define Diminished Responsibility
Voluntary Mansluaghter
- Someone who killled is not to be convicted of murder if they were suffering from an abnormality of mental functioning which:
1) Arose from recognised mental condition
2) Substantially impaired D’s ability to:
> Understand nature of conduct
> Form rational judgement
> Exercise self control
3) Porvides an explanation for D’s acts or omissions
Examples of Recognised Medical Conditions
Voluntary Manslaughter
- Paranoia
- Epilepsy
- Diabetes
- Sleep disorders
- Depressive illness
Byrne 1960
Substantial Impairment
Voluntary Manslaughter
-D’s ability to do one of these things must be substantially impaired:
1) Understand nature of his conduct
2) Form a rational judgement
3) Exercise self control
Provides an Explanantion for D’s Conduct
Voluntary Manslaughter
- D must prove that abnormality fo mental functioning is the reasoning for his actions
- Has to be a casual connection
- Must be a significant factor in the killing
R v Golds 2014
Voluntary Manslaughter
D had history of mental disorders. Stabbed partner 22 times, killing her.
Mental disorders sufficient for substaintial impairment.
Byrne 1960
Voluntary Manslaughter
D was a sexual psychopath. Strangled and mutilated women. Medical evidence that he was unable to contorl perverted ideas
Convicted of manslauhter with diminished responsibility
Define Loss of Control
Voluntary Manslaughter
- Is a 3 stage test:
1) D must lose control
2) Becuase of a qualifying trigger
3) Someone of same sex and age would act same in same circumstances
What is the 3 Stage Test for Loss of Control?
Voluntary Manslaughter
- Is a 3 stage test:
1) D must lose control
2) Becuase of a qualifying trigger
3) Someone of same sex and age would act same in same circumstances
Qualifying Triggers for Loss of Contorl
Voluntary Manslaughter
1) D fears serious voilence from V
2) A thing done or said which:
> Constituted cirumcstaces of an extremely grave
character
> Caused D to have justifiable sense of being
seriously wronged
- Seuxal infedility IS NOT a qualifying trigger
Excluded Matters in Loss of Control
Voluntary Manslaughter
- Sexual infidelity is not a qualifying trigger
- Desire for revenge is not loss of control
Circumstances in Loss of Control
Voluntary Manslaughter
- Circumstances can be taken into account when deciding whether a ‘normal person’ would have reacted in same way
Camplin 1978
Loss of Control
D was sexually absused. Abuser then laughed at D. D reacted by hitting abuser over head with pan. Abuser died
Convicted of voluntary manslaughter under loss of control
Gregson 2006
Loss of Control
D was epileptic and had depression. V taunted D. D lost control and killed V
D liable for voluntary manslaughter under loss of control
What would a killing in revenge be classed as?
Murder
NOT manslaughter
What are the 2 defences to Involuntary Manslaughter?
- Unlawful act manslaughter
- Gross negligence manslaughter
Define Involuntary Manslaughter
When the actus reus of murder can be proven but only a lower level of mens rea can be demonstrated
Define Unlawful Act Manslaughter
Involuntary Manslaughter
- An unlawful and dangerous act that causes death of a human being
- Makes D liable without realising there was a risk of death or serious injury
What is needed to prove Liability of Unlawful Act Manslaughter
Involuntary Manslaughter
1) D must do unlawful act
2) Act must be dangerous according to an objective test
3) Act must cause death
4) D must have mens rea for the unlawful act
What is needed to prove Liability of Unlawful Act Manslaughter
Involuntary Manslaughter
1) D must do unlawful act
2) Act must be dangerous according to an objective test
3) Act must cause death
4) D must have mens rea for the unlawful act
An Unlawful Act
Unlawful Act Manslaughter
- Must be a criminal offence
- Cannot be a civil offence
- Is often assault
- Can include:
> Arson
> Burglary
> Criminal Damage - Omissions cannot create liability, MUST BE AN ACT
A Dangerous Act
Unlawful Act Manslaughter
- On an objective test
- ‘Sober and reaosnable people would recognise the risk of some harm coming to the other person’
- Doesn’t matter if D says they didnt realise
- Act doesn’t need to be aimed at victim
The Act Causing Death
Unlawful Act Manslaughter
- Unlawful act must be cause of death
- Causation applies
- If an intervening act breaks the chain of causation then D not liable
What is Joint Involvement in Unlawful Act Manslaughter
Unlawful Act Manslaughter
- Held that there could be circumstances when V and D were both involved
- E.g. Injecting
Mens Rea of Unlawful Act Manslaughter
Unlawful Act Manslaughter
- Must prove mens rea for the unlawful act
- D does not have to realise unlawful act is dangerous
Cato 1975
Unlawful Act Manslaughter
D and V injected eachother with heroin. One died.
Survivor convicted of Unlawful Act Manslaughter
Mitchell 1983
Unlawful Act Manslaughter
D threatened man and punched him. Man fell into old lady and killed her. Unlawful as punching someone was likely to cause some harm
D convicted of Unlawful Act Manslaughter
Define Gross Nelgigence Manslaughter
Where D owed V a duty of care but breaches that duty in a negligent way, causing death
What Test is Needed to be Proven for Gross Nelgigence Manslaughter?
Gross Nelgigence Manslaughter
Adamako 1994 - 4 part test
What is the Adamako 1994 4 Part Test
Gross Nelgigence Manslaughter
1) Must be a duty of care owed to V
2) Must be a breach of duty which is gorssly negligent and therefore a crime
3) Breach must cause or significalty contribute to death of V
4) Breach must be gross
Duty of Care Owed
Gross Nelgigence Manslaughter
- Requires forseeability, proximity, fairness, justice and reasonableness
- Can be contractual or taken voluntarily
Negligence Must be Gross
Gross Nelgigence Manslaughter
- Is for jury to decide
- D judged against someone of similar skill
- Does not matter if D didn’t appreciate risk, only matters that risk would be obvious to a reasonable person
- Is an objective test, based on what a reasonable person would do in same circumstance
Risk of Death
Gross Nelgigence Manslaughter
- Must be a risk to health and welfare
- Must have disregard for the life and safety of others
Mira 2004
Gross Nelgigence Manslaughter
Doctor treating V with post op care. V developed infection which wasn’t diagnosed or treated
D’s charged with Gross Nelgigence Manslaughter
Wacker 2002
Gross Nelgigence Manslaughter
D agreed to bring 60 illegal immigrants on lorry. Was agreed air vent would be shut at certain times to avoid being caught. Journey took longer than expected. 58 V’s died. D owed a duty of care to V
D liable for Gross Nelgigence Manslaughter
