Fatal Offences Flashcards

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1
Q

murder definition

A

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

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2
Q

murder actus reus

A

• unlawful killing
• human being
• under the kings peace

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3
Q

murder mens rea

A

intention:
• to kill
• to cause GBH

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4
Q

murder: unlawful killing

A

lawful:
• self defence
• war
• death penalty

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5
Q

murder: human being

A

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

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6
Q

murder: under the kings peace

A

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

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7
Q

murder: omission

A

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

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8
Q

Does murder require causation?

A

yes.

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9
Q

Murder: mens rea

A

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

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10
Q

Loss of Control (LOC) introduction

A

• 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.”

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11
Q

LOC: three elements

A

• 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

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12
Q

LOC: loss of control

A

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

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13
Q

LOC: qualifying trigger

A

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

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14
Q

LOC: s.55 (3) fear trigger

A

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

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15
Q

LOC: s.55 (4) anger trigger

A

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

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16
Q

LOC: restriction of the triggers

A

• 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)

17
Q

LOC: normal degree of tolerance

A

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

18
Q

Diminished responsibility: introduction

A

• s.52 Coroners and Justice act 2009

19
Q

Diminished responsibility: requirements

A

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

20
Q

Diminished responsibility: abnormality of mental functioning

A

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

21
Q

Diminished responsibility: caused by a recognised medical condition

A

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

22
Q

Diminished responsibility: substantially impairs

A

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

23
Q

Diminished responsibility - provides an explanation

A

• abnormality must be significant factor

24
Q

Diminished responsibility: intoxication

A

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

25
Q

Unlawful Act Manslaughter (UAM): introduction

A

• 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

26
Q

UAM: unlawful act

A

• 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)

27
Q

UAM: dangerous act

A

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

28
Q

Does UAM require causation

A

yes

29
Q

UAM: mens rea

A

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

30
Q

Gross Negligence Manslaughter (GNM): introduction

A

• 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

31
Q

GNM: DOC is breached

A

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

32
Q

GNM: reasonably foreseeable risk of death

A

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

33
Q

GNM: breach causing death

A

apply causation

34
Q

GNM: grossly negligent

A

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