Fatal Offences

Question 1

murder definition

Answer 1

“the unlawful killing of a human being, under the kings peace, with malice aforethought, express or implied.”

Question 2

murder actus reus

Answer 2

• unlawful killing
• human being
• under the kings peace

Question 3

murder mens rea

Answer 3

intention:
• to kill
• to cause GBH

Question 4

murder: unlawful killing

Answer 4

lawful:
• self defence
• war
• death penalty

Question 5

murder: human being

Answer 5

not considered a human being:
• foetus - AG Ref No.3 (1994)
• brain dead - Malcherek & Steel 1981

Question 6

murder: under the kings peace

Answer 6

• legal if in war time - killing an enemy of war

Question 7

murder: omission

Answer 7

failure to act:
• DOC - duty of care
• Gibbons v Practor - special relationship
• Pittwood - contractual duty
• Official position - Dytham
• Responsibility - Stone & Dobinson
• Dangerous situation - Miller

Question 8

Does murder require causation?

Answer 8

yes.

Question 9

Murder: mens rea

Answer 9

• Express: intent to kill (direct or oblique)
• Implied: intent to cause GBH (direct or oblique)
• Direct - Mohan
• Oblique - Woolin

Question 10

Loss of Control (LOC) introduction

Answer 10

• contained in s.54 of the Coroners and Justice Act 2009.
“ loss of control, caused by a qualifying trigger, with a normal degree of tolerance.”

Question 11

LOC: three elements

Answer 11

• must be a loss of control
• caused by a qualifying trigger
• person of a normal degree of tolerance would’ve acted in the same way

Question 12

LOC: loss of control

Answer 12

• doesn’t need to be sudden - s.54 (2)
• longer the delay, less likely LOC - R v Ahluwalia (1992)

Question 13

LOC: qualifying trigger

Answer 13

• s.55 (3) - fear
• s.55 (4) - anger
• s.55 (5) a combination of both

Question 14

LOC: s.55 (3) fear trigger

Answer 14

• subjective test
• evidenced fear of serious violence
• against D or another person

Question 15

LOC: s.55 (4) anger trigger

Answer 15

• extremely grave character - Camplin
• caused D to have a justifying sense of being wronged - Mohammed

Question 16

LOC: restriction of the triggers

Answer 16

• s.55 (6) (a) - if D incited the things said or done - no defence
• s.55 (6) (b) - if D incited things to be done in order to use violence - no defence
• s.55 (6) (c) - sexual infidelity- R v Clinton (2012)

Question 17

LOC: normal degree of tolerance

Answer 17

• would someone of the own sex and age done the same thing

Question 18

Diminished responsibility: introduction

Answer 18

• s.52 Coroners and Justice act 2009

Question 19

Diminished responsibility: requirements

Answer 19

suffering from an mental abnormality
• due to a recognised medical reason
• substantially impaired D’s judgement
• abnormality provides an explanation of death

Question 20

Diminished responsibility: abnormality of mental functioning

Answer 20

• has to be present at time of killing - Byrne (1960)

Question 21

Diminished responsibility: caused by a recognised medical condition

Answer 21

• depression - Gittens
• battered woman syndrome - Ahluwalia
• epilepsy - Bailey
• RMC and intoxication - Dietschmann

Question 22

Diminished responsibility: substantially impairs

Answer 22

impairs - Lloyd (1967)
• nature of conflict
• rational judgement
• exercise self control

Question 23

Diminished responsibility - provides an explanation

Answer 23

• abnormality must be significant factor

Question 24

Diminished responsibility: intoxication

Answer 24

• on its own will not amount to a defence - De Dico
• suffers from RMC, might amount to a defence - Dietschmann

Question 25

Unlawful Act Manslaughter (UAM): introduction

Answer 25

• defendant must do an unlawful act • the act must be dangerous using the objective test • the act must cause death • defendant must have the mens rea

Question 26

UAM: unlawful act

Answer 26

• needs to be a criminal offence - R v Lamb (1967) • must be a positive act (not omission) - R v Lowe (1973) • usually a non fatal offence, arson (R v Goodfellow)

Question 27

UAM: dangerous act

Answer 27

must be dangerous from an objective point • R v Church - foresee that some harm may occur • R v Goodfellow - act does not need to be aimed at a person • the risk of physical harm is required - R v Dawson

Question 28

Does UAM require causation

Answer 28

yes

Question 29

UAM: mens rea

Answer 29

• only show mens rea for the unlawful act, not murder • D does not need to realise the act is dangerous - DPP v Newbury & Jones

Question 30

Gross Negligence Manslaughter (GNM): introduction

Answer 30

• defendant owes the victim a duty of care • DOC is breached • in a way that is so criminal and negligent • that it causes death MAIN CASE: R v Adomako

Question 31

GNM: DOC is breached

Answer 31

• R v Litchfield - owner owes DOC • R v Singh - landlord owes DOC • R v Wacker- responsibility of others

Question 32

GNM: reasonably foreseeable risk of death

Answer 32

requires obvious and serious risk of death: • R v Rudling - serious • R v Rose - obvious

Question 33

GNM: breach causing death

Answer 33

apply causation

Question 34

GNM: grossly negligent

Answer 34

• showing just negligence is not enough, it need to be grossly negligent • requires a jury to decide