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LAW - CRIMINAL > Fatal Offences > Flashcards

Fatal Offences Flashcards

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1
Q

Define Murder

A

The unlawful killing of a reasonable creature in being, under the King’s peace, with malice aforethought express or implied

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2
Q

Actus reus of murder

A
  • 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?
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3
Q

Mens rea of murder

A
  • Malice aforethought express or implied
  • No MR for murder without forseight of consequence
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4
Q

Causation for murder

A
  • Normal rules apply
  • Must prove factual and legal causation
  • Must be no intervening act that breaks chain of causation
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5
Q

Forseight of Consequence for Murder

A
  • D must foresee that death or serious injury would be caused
  • No MR for murder if no foresight of consequence
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6
Q

Oblique intent for murder

A
  • When intention of GBH or death isnt obvious but it still resulted in death
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7
Q

Transferred Malice for Murder

A
  • Normal rules apply
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8
Q

Coincidence of AR and MR

A

Normal rules apply

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9
Q

What is the Year and a Day Rule

Murder

A
  • 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
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10
Q

Vickers 1957

Murder

A

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

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11
Q

Moloney 1985

Murder

A

Drunk playing ‘quick draw’. V said D didn’t have guts to pull trigger. D did and V died

D liable as was forseeable

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12
Q

What are the 3 denfences in voluntary manslaughter

A
  • Diminished responsibility
  • Loss of control
  • Suicide pact
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13
Q

Define Diminished Responsibility

Voluntary Mansluaghter

A
  • 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
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14
Q

Examples of Recognised Medical Conditions

Voluntary Manslaughter

A
  • Paranoia
  • Epilepsy
  • Diabetes
  • Sleep disorders
  • Depressive illness

Byrne 1960

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15
Q

Substantial Impairment

Voluntary Manslaughter

A

-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

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16
Q

Provides an Explanantion for D’s Conduct

Voluntary Manslaughter

A
  • 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
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17
Q

R v Golds 2014

Voluntary Manslaughter

A

D had history of mental disorders. Stabbed partner 22 times, killing her.

Mental disorders sufficient for substaintial impairment.

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18
Q

Byrne 1960

Voluntary Manslaughter

A

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

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19
Q

Define Loss of Control

Voluntary Manslaughter

A
  • 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
20
Q

What is the 3 Stage Test for Loss of Control?

Voluntary Manslaughter

A
  • 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
21
Q

Qualifying Triggers for Loss of Contorl

Voluntary Manslaughter

A

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
22
Q

Excluded Matters in Loss of Control

Voluntary Manslaughter

A
  • Sexual infidelity is not a qualifying trigger
  • Desire for revenge is not loss of control
23
Q

Circumstances in Loss of Control

Voluntary Manslaughter

A
  • Circumstances can be taken into account when deciding whether a ‘normal person’ would have reacted in same way
24
Q

Camplin 1978

Loss of Control

A

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

25
Q

Gregson 2006

Loss of Control

A

D was epileptic and had depression. V taunted D. D lost control and killed V

D liable for voluntary manslaughter under loss of control

26
Q

What would a killing in revenge be classed as?

A

Murder
NOT manslaughter

27
Q

What are the 2 defences to Involuntary Manslaughter?

A
  • Unlawful act manslaughter
  • Gross negligence manslaughter
28
Q

Define Involuntary Manslaughter

A

When the actus reus of murder can be proven but only a lower level of mens rea can be demonstrated

29
Q

Define Unlawful Act Manslaughter

Involuntary Manslaughter

A
  • 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
30
Q

What is needed to prove Liability of Unlawful Act Manslaughter

Involuntary Manslaughter

A

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

30
Q

What is needed to prove Liability of Unlawful Act Manslaughter

Involuntary Manslaughter

A

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

31
Q

An Unlawful Act

Unlawful Act Manslaughter

A
  • 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
32
Q

A Dangerous Act

Unlawful Act Manslaughter

A
  • 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
33
Q

The Act Causing Death

Unlawful Act Manslaughter

A
  • Unlawful act must be cause of death
  • Causation applies
  • If an intervening act breaks the chain of causation then D not liable
34
Q

What is Joint Involvement in Unlawful Act Manslaughter

Unlawful Act Manslaughter

A
  • Held that there could be circumstances when V and D were both involved
  • E.g. Injecting
35
Q

Mens Rea of Unlawful Act Manslaughter

Unlawful Act Manslaughter

A
  • Must prove mens rea for the unlawful act
  • D does not have to realise unlawful act is dangerous
36
Q

Cato 1975

Unlawful Act Manslaughter

A

D and V injected eachother with heroin. One died.

Survivor convicted of Unlawful Act Manslaughter

37
Q

Mitchell 1983

Unlawful Act Manslaughter

A

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

38
Q

Define Gross Nelgigence Manslaughter

A

Where D owed V a duty of care but breaches that duty in a negligent way, causing death

39
Q

What Test is Needed to be Proven for Gross Nelgigence Manslaughter?

Gross Nelgigence Manslaughter

A

Adamako 1994 - 4 part test

40
Q

What is the Adamako 1994 4 Part Test

Gross Nelgigence Manslaughter

A

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

41
Q

Duty of Care Owed

Gross Nelgigence Manslaughter

A
  • Requires forseeability, proximity, fairness, justice and reasonableness
  • Can be contractual or taken voluntarily
42
Q

Negligence Must be Gross

Gross Nelgigence Manslaughter

A
  • 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
43
Q

Risk of Death

Gross Nelgigence Manslaughter

A
  • Must be a risk to health and welfare
  • Must have disregard for the life and safety of others
44
Q

Mira 2004

Gross Nelgigence Manslaughter

A

Doctor treating V with post op care. V developed infection which wasn’t diagnosed or treated

D’s charged with Gross Nelgigence Manslaughter

45
Q

Wacker 2002

Gross Nelgigence Manslaughter

A

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

LAW - CRIMINAL (6 decks)

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