Fatal offences

Question 1

Definition of murder (Edward Coke)

Answer 1

Unlawful killing of a human being under the King’s peace with malice aforethought

Question 2

AR of murder

Answer 2

1. Unlawful
2. Killing
3. Human being
4. King’s peace

Question 3

Define Unlawful (murder)

Answer 3

Not in self defence

Question 4

Rance applies to what element of the AR of murder?

Answer 4

Unlawful element of the AR of murder

Question 5

Define Killing for the AR of murder

Answer 5

Brain dead can amount to dead

Question 6

Define Human being (murder)

Answer 6

Fully expelled from their mother

Question 7

Define King’s peace (murder)

Answer 7

Not killed during war time

Question 8

MR of murder

Answer 8

Direct or oblique intention to cause GBH or death

Question 9

Explain Express malice aforethought

Answer 9

Intention to kill

Question 10

Explain Implied malice aforethought

Answer 10

Intention to cause GBH

Question 11

s.2 Homicide Act 1957 applies to what partial defnece to murder?

Answer 11

Diminished responsibility

Question 12

s.54 Coroners & Justice Act 2009 applies to what partial defnece to murder?

Answer 12

Loss of control

Question 13

Four elements of diminished responsibility

Answer 13

1. Abnormality of mental functioning
2. Arose from a recognized medical condition
3. Substantially impairs D’s ability to…
4. Provides an explanation for D’s conduct

Question 14

R v Byrne applies to what element of diminished responsibility?

Answer 14

Abnormality of metal functioning is a state of mental functioning a reasonable person would find abnormal

Question 15

Explain the three ways the abnormality can Substantially impair’s Ds ability to (diminished responsibility)

Answer 15

1. Understand nature of their conduct
2. Form a rational judgement
3. Exercise self control

Question 16

R v King applies to what element of diminished responsibility?

Answer 16

Provides an explanation for the defendant’s conduct

Question 17

Di Duca states what about intoxication when arguing diminished responsibility?

Answer 17

Intoxication alone can not amount to diminished responsibility

Question 18

R v Dietschmann states what about intoxication when arguing diminished responsibility?

Answer 18

Intoxication and pre-existing abnormality of mental functioning

Question 19

Explain the rule of Intoxication and pre-existing abnormality of mental functioning

Answer 19

Jury must decide if D would have acted in the same way if they were not intoxicated

Question 20

Tandy states what about intoxication when arguing diminished responsibility?

Answer 20

Alcoholism can amount to an abnormality of mental functioning

Question 21

R v Wood states what about intoxication when arguing diminished responsibility?

Answer 21

Intoxication due to addiction

Question 22

Three elements of loss of control

Answer 22

1. Loss of control
2. Caused by a qualifying trigger
3. Someone of the same age and sex as D would have acted in the same way

Question 23

Loss of control definition

Answer 23

Acting without careful thought

Question 24

R v Ahluwalia states what about loss of control?

Answer 24

Loss of control does not have to be sudden

Question 25

State the two Qualifying triggers for loss of control

Answer 25

1. Fear of violence
2. Things said or done

Question 26

Expalin the Things said or done tests

Answer 26

1. Extremely grave character
2. Gives D a justifiable sense of being seriously wronged

Question 27

R v Doughty applies to what qualifying trigger for loss of control?

Answer 27

Things said or done

Question 28

s.55 of the coroners and justice act sets out what for the defence of loss of control?

Answer 28

Sets out the two qualifying triggers for loss of control

Question 29

Explain the two Excluded triggers

Answer 29

Sexual infidelity and revenge

Question 30

Clinton applies to what excluded triger?

Answer 30

Sexual infidelity is not a qualifying trigger

Question 31

Mohammed applies to what excluded triger?

Answer 31

Anger management issued will not be considered when assessing the defence of loss of control

Question 32

R v Hill states what about the final element of the defence of loss of control?

Answer 32

Other circumstances of D can be taken into consideration in deciding whether such a ‘normal’ person might have reacted in the same or in a similar way to D in those circumstances

Question 33

Van Dogen applies to what element of loss of control?

Answer 33

Someone of the same age and sex would have acted in the same or similar way to the defendant

Question 34

AR of unlawful act manslaughter

Answer 34

1. Unlawful act
2. Act must be dangerous
3. Act must cause death

Question 35

Explain Unlawful act (UAM)

Answer 35

The main question you have to ask here is – if the victim had not died - would D’s act be criminal?

Question 36

R v Lamb (UAM) applies to what element of UAM?

Answer 36

There must be an unlawful act

Question 37

R v Lowe applies to what element of UAM?

Answer 37

An omission is not sufficient to satisfy the AR of unlawful act manslaughter

Question 38

R v Larkin (UAM) applies to what element of UAM?

Answer 38

The unlawful act must be dangerous

Question 39

R v Church (UAM) applies to what element of UAM?

Answer 39

A dangerous act - it must be an act that a sober and reasonable man would regard as dangerous.”

Question 40

R v Kennedy (UAM) applies to what element of UAM?

Answer 40

If V had injected themselves with drugs provided by D and then dies, this will not amount to UAM. If D inject V with drugs and V dies, this amounts to UAM.

Question 41

MR of unlawful act manslaughter

Answer 41

The case of Newbury and Jones stated that the mens rea of unlawful act manslaughter is the mens rea of the unlawful act itself

Question 42

Newbury and Jones applies to what element of UAM?

Answer 42

The MR of UAM is the MR of the unlawful act

Question 43

AR of gross negligence manslaughter

Answer 43

1. Risk of death
2. Duty of Care
3. Breach of Duty
4. Causing Death

Question 44

State the three ways DOC can be establsihed in GNM cases.

Answer 44

Either Caparo/Robinson/Omission

Question 45

MR of gross negligence manslaughter

Answer 45

Gross negligence

Question 46

R v Bateman applies to what element of GNM?

Answer 46

Gross negligence is showing “such disregard for the life and safety of others as to amount to a crime against the State and conduct deserving punishment”.

Question 47

Adomako applies to what element of GNM?

Answer 47

Lord Mackay extended the definition of “gross negligence” and suggested that ‘gross negligence is “conduct so bad in all the circumstances as to amount to a criminal act or omission.”