Fatal offences Flashcards
Definition of murder (Edward Coke)
Unlawful killing of a human being under the King’s peace with malice aforethought
AR of murder
- Unlawful
- Killing
- Human being
- King’s peace
Define Unlawful (murder)
Not in self defence
Rance applies to what element of the AR of murder?
Human Being element of the AR of murder
Define Killing for the AR of murder
Brain dead can amount to dead
Define Human being (murder)
Fully expelled from their mother
Define King’s peace (murder)
Not killed during war time
MR of murder
Direct or oblique intention to cause GBH or death
Explain Express malice aforethought
Intention to kill
Explain Implied malice aforethought
Intention to cause GBH
s.2 Homicide Act 1957 applies to what partial defnece to murder?
Diminished responsibility
s.54 Coroners & Justice Act 2009 applies to what partial defnece to murder?
Loss of control
Four elements of diminished responsibility
- Abnormality of mental functioning
- Arose from a recognized medical condition
- Substantially impairs D’s ability to…
- Provides an explanation for D’s conduct
R v Byrne applies to what element of diminished responsibility?
Abnormality of metal functioning is a state of mental functioning a reasonable person would find abnormal
Explain the three ways the abnormality can Substantially impair’s Ds ability to (diminished responsibility)
- Understand nature of their conduct
- Form a rational judgement
- Exercise self control
R v King applies to what element of diminished responsibility?
Provides an explanation for the defendant’s conduct
Di Duca states what about intoxication when arguing diminished responsibility?
Intoxication alone can not amount to diminished responsibility
R v Dietschmann states what about intoxication when arguing diminished responsibility?
Intoxication and pre-existing abnormality of mental functioning
Explain the rule of Intoxication and pre-existing abnormality of mental functioning
Jury must decide if D would have acted in the same way if they were not intoxicated
Tandy states what about intoxication when arguing diminished responsibility?
Alcoholism can amount to an abnormality of mental functioning
R v Wood states what about intoxication when arguing diminished responsibility?
Intoxication due to addiction
Three elements of loss of control
- Loss of control
- Caused by a qualifying trigger
- Someone of the same age and sex as D would have acted in the same way
Loss of control definition
Acting without careful thought
R v Ahluwalia states what about loss of control?
Loss of control does not have to be sudden
State the two Qualifying triggers for loss of control
- Fear of violence
- Things said or done
Expalin the Things said or done tests
- Extremely grave character
- Gives D a justifiable sense of being seriously wronged
R v Doughty applies to what qualifying trigger for loss of control?
Things said or done
s.55 of the coroners and justice act sets out what for the defence of loss of control?
Sets out the two qualifying triggers for loss of control
Explain the two Excluded triggers
Sexual infidelity and revenge
Clinton applies to what excluded triger?
Sexual infidelity is not a qualifying trigger
Mohammed applies to what excluded triger?
Anger management issued will not be considered when assessing the defence of loss of control
R v Hill states what about the final element of the defence of loss of control?
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
Van Dogen applies to what element of loss of control?
Someone of the same age and sex would have acted in the same or similar way to the defendant
AR of unlawful act manslaughter
- Unlawful act
- Act must be dangerous
- Act must cause death
Explain Unlawful act (UAM)
The main question you have to ask here is – if the victim had not died - would D’s act be criminal?
R v Lamb (UAM) applies to what element of UAM?
There must be an unlawful act
R v Lowe applies to what element of UAM?
An omission is not sufficient to satisfy the AR of unlawful act manslaughter
R v Larkin (UAM) applies to what element of UAM?
The unlawful act must be dangerous
R v Church (UAM) applies to what element of UAM?
A dangerous act - it must be an act that a sober and reasonable man would regard as dangerous.”
R v Kennedy (UAM) applies to what element of UAM?
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.
MR of unlawful act manslaughter
The case of Newbury and Jones stated that the mens rea of unlawful act manslaughter is the mens rea of the unlawful act itself
Newbury and Jones applies to what element of UAM?
The MR of UAM is the MR of the unlawful act
AR of gross negligence manslaughter
- Risk of death
- Duty of Care
- Breach of Duty
- Causing Death
State the three ways DOC can be establsihed in GNM cases.
Either Caparo/Robinson/Omission
MR of gross negligence manslaughter
Gross negligence
R v Bateman applies to what element of GNM?
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”.
Adomako applies to what element of GNM?
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.”
