Fatal offences Flashcards
Attorney-General’s Reference (No 3 of 1994) (1997)
D injured woman while pregnant causing premature birth which caused baby to die. Feutues injured who then die post-birth can be humans for the act of murder/manslaughter
Vickers (1957)
D punched and kicked V multiple times causing death despite intention to cause GBH. GBH suits implied malice aforethought and can be used to prove mens rea for murder
s54 of Coroners and Justice Act 2009
Loss of control: Speical defence which reduces murder to mansalughter
s2 of Homicide Act 1957 (amended by s52 of Coroners and Justice Act 2009)
Diminished responsibility: Speical defence which reduces murder to manslaughter
Jewell (2014)
D shot V point blank with shotgun. Claimed lost control due to illness, poor sleep and stress. Insufficent evidence to prove loss of control; Anger/Stress not enough for loss of control
Ward (2012)
V headbutted D’s brother, causing D to attack V with pickaxe handle. Fear of violence for the qualifiying trigger can be on another person who is identified
Dawes (2013)
D found V and his wife together on sofa and started an altercation, in which he stabbed and killed V. Fear of violence cannot be used where D induces the violence
Zebedee (2012)
V was D’s 94 year old father with Alzhimer’s. D murdered V due to his incontinence which was causing anger. Things said or done for loss of control is an objective test and the sense of being seriously wronged must be justified
Clinton (2012)
V was having an affair and taunted D about his depression and loss of custody of his kids. D killed V. Some matters are excluded from qualifiying triggers but can be considered as a factor if it intergal to the context
ReJmanski (2017)
D was in the army and suffered from PTSD. V taunted D about his role in the army causing D to kill V. Circumstances such as age, sex and mental illness are relevant to deciding the level of tolerance and self control expected, but not relevant to whether a normal degree of tolerance and self-restrain was execrised
Asmelash (2013)
V taunted D, who was drunk, causing D to stab V to death. Voluntary inotxication cannot be considered for the special defences unless a sober person in the same circumstances as the defendant would have acted in the same way
Christian (2018)
D fatally stabbed V’s over an argument over the water tempreature in the shower. If there is an issue with the use of the defence of loss of control, the jury must assume the defence is satisfied unless provdied beyond reasonable doubt. Was not considered at all in this case due to the extreme reaction.
Byrne (1960)
D was a sexual psychopath. D strangled and mutilated V. Murder charge quashed and manslaughter substituted. An abnormality of mental functioning must be ‘a state of mind so different from ordinary human beings that a reasonable man would term it abnormal’
Golds (2016)
D had an abnormality of mental function arising from a mental condition. D killed V. An impariment must be more than merely trival to be substantial, but not all impariments more than trival will suffice.
Dowds (2012)
D and V were drunk. D stabbed V mutilple times, killing her. Voluntary acute intoxication is not capable of finding the defence of diminished responsibility