Fatal Offences Flashcards
murder definition
“the unlawful killing of a human being, under the kings peace, with malice aforethought, express or implied.”
murder actus reus
• unlawful killing
• human being
• under the kings peace
murder mens rea
intention:
• to kill
• to cause GBH
murder: unlawful killing
lawful:
• self defence
• war
• death penalty
murder: human being
not considered a human being:
• foetus - AG Ref No.3 (1994)
• brain dead - Malcherek & Steel 1981
murder: under the kings peace
• legal if in war time - killing an enemy of war
murder: omission
failure to act:
• DOC - duty of care
• Gibbons v Practor - special relationship
• Pittwood - contractual duty
• Official position - Dytham
• Responsibility - Stone & Dobinson
• Dangerous situation - Miller
Does murder require causation?
yes.
Murder: mens rea
• Express: intent to kill (direct or oblique)
• Implied: intent to cause GBH (direct or oblique)
• Direct - Mohan
• Oblique - Woolin
Loss of Control (LOC) introduction
• 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.”
LOC: three elements
• 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
LOC: loss of control
• doesn’t need to be sudden - s.54 (2)
• longer the delay, less likely LOC - R v Ahluwalia (1992)
LOC: qualifying trigger
• s.55 (3) - fear
• s.55 (4) - anger
• s.55 (5) a combination of both
LOC: s.55 (3) fear trigger
• subjective test
• evidenced fear of serious violence
• against D or another person
LOC: s.55 (4) anger trigger
• extremely grave character - Camplin
• caused D to have a justifying sense of being wronged - Mohammed