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

Unlawful (murder)

Answer 3

Not in self defence

Question 4

Rance

Answer 4

Unlawful element of the AR of murder

Question 5

Killing

Answer 5

Brain dead can amount to dead

Question 6

Human being (murder)

Answer 6

Fully expelled from their mother

Question 7

Rance

Answer 7

Human being (murder)

Question 8

King’s peace (murder)

Answer 8

Not killed during war time

Question 9

MR of murder

Answer 9

Direct or oblique intention to cause GBH or death

Question 10

Express malice aforethought

Answer 10

Intention to kill

Question 11

Implied malice aforethought

Answer 11

Intention to cause GBH

Question 12

s.2 Homicide Act 1957

Answer 12

Diminished responsibility

Question 13

s.54 Coroners & Justice Act 2009

Answer 13

Loss of control

Question 14

Four elements of diminished responsibility

Answer 14

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 15

R v Byrne

Answer 15

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

Question 16

Substantially impair’s Ds ability to (diminished responsibility)

Answer 16

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

Question 17

R v King (Diminished responsibility)

Answer 17

Provides an explanation for the defendant’s conduct

Question 18

Di Duca

Answer 18

Intoxication alone can not amount to diminished responsibility

Question 19

R v Dietschmann

Answer 19

Intoxication and pre-existing abnormality of mental functioning

Question 20

Intoxication and pre-existing abnormality of mental functioning

Answer 20

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

Question 21

Tandy

Answer 21

Alcoholism can amount to an abnormality of mental functioning

Question 22

R v Wood

Answer 22

Intoxication due to addiction

Question 23

Three elements of loss of control

Answer 23

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 24

Loss of control definition

Answer 24

Acting without careful thought

Question 25

R v Ahluwalia

Answer 25

Loss of control does not have to be sudden

Question 26

Qualifying triggers

Answer 26

1. Fear of violence
2. Things said or done

Question 27

Things said or done tests

Answer 27

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

Question 28

R v Doughty

Answer 28

Things said or done

Question 29

s.55 of the coroners and justice act

Answer 29

Sets out the two qualifying triggers for loss of control

Question 30

Excluded triggers

Answer 30

Sexual infidelity and revenge

Question 31

Clinton

Answer 31

Sexual infidelity is not a qualifying trigger

Question 32

Mohammed

Answer 32

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

Question 33

R v Hill

Answer 33

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 34

Van Dogen

Answer 34

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

Question 35

AR of unlawful act manslaughter

Answer 35

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

Question 36

Unlawful act (UAM)

Answer 36

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

Question 37

R v Lamb (UAM)

Answer 37

There must be an unlawful act

Question 38

R v Lowe

Answer 38

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

Question 39

R v Larkin (UAM)

Answer 39

The unlawful act must be dangerous

Question 40

R v Church (UAM)

Answer 40

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

Question 41

R v Kennedy (UAM)

Answer 41

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 42

MR of unlawful act manslaughter

Answer 42

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 43

Newbury and Jones

Answer 43

The MR of UAM is the MR of the unlawful act

Question 44

AR of gross negligence manslaughter

Answer 44

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

Question 45

GNM Duty of care

Answer 45

Either Caparo/Robinson/Omission

Question 46

MR of gross negligence manslaughter

Answer 46

Gross negligence

Question 47

R v Bateman (GNM)

Answer 47

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 48

Adomako (GNM)

Answer 48

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.”