Fatal Offences

Question 1

What is murder?

Answer 1

The unlawful killing of a human being with the intention to kill or cause GBH

Question 2

What is manslaughter?

Answer 2

unlawful killing without the intent to kill or cause GBH

Question 3

What are the two types of manslaughter?

Answer 3

Voluntary and involuntary

Question 4

What is voluntary manslaughter?

Answer 4

Defendant intended to kill but has a defence.

Question 5

What defences can you use for voluntary manslaughter?

Answer 5

Loss of control and diminished responsibility

Question 6

What is involuntary manslaughter?

Answer 6

Defendant didn’t intend to kill but caused death

Question 7

What are the two types of involuntary manslaughter

Answer 7

Unlawful act and gross negligence

Question 8

What is loss of control?

Answer 8

Making the defendant provoked

Question 9

What is diminished responsibility

Answer 9

Mental illness

Question 10

What act is for loss of control?

Answer 10

S.54 -Coroners and justice act 2009

Question 11

What test would you do for Loss of control?

Answer 11

3 stages test

Question 12

What is stage 1 of Loss of control and what section was it?

Answer 12

The defendant must have a lost of control and it doesnt have to be sudden. S.54(2)

Question 13

What was established in gregson?

Answer 13

When assessing whether the defendant has lost their control you are allowed to take into account of their circumstances

Question 14

In S.55 stage 2 , what are the two triggers which can cause loss of control?

Answer 14

Anger trigger (Hatter) and Fear trigger (pearson)

Question 15

What is the fear trigger in loss of control? (Pearson)

Answer 15

The defendant would have to fear serious violence to themselves or another person. It is a subjective test. Self defense can be used.

Question 16

What is the Anger trigger in loss of control? (Hatter)

Answer 16

1. Things said or done (side rule: sexual infidelity-Clinton)
2. Things said or done that can cause a grave provocation
3. The defendant feels a sense of being wronged

Question 17

What is S.54(3) Stage 3 in Loss of control?

Answer 17

Would a person of the same age and gender as the defendant and with a normal degree of tolerance have acted in a similar way? (Holley)

Question 18

What is the side rule for stage 3 lose of control?

Answer 18

Desire for revenge (Evans)

Question 19

What is the act that defines diminished responsibility?

Answer 19

S.52 Coroners and Justice Act 2009

Question 20

What is stage 1 of diminished responsibility

Answer 20

The defendant must be suffering from an abnormality of mental functioning which arose from a recognised medical condition.

Question 21

What is the case for stage 1 of diminished responsibility and the description of that case?

Answer 21

Bryne: defines an abnormality of mental function as ‘a state of mind so different that ordinary human beings would term it abnormal’

Question 21

What are the 7 recognised medical conditions?

Answer 21

• Severe depression (Seers)
• PMT (Smith)
• Battered Wives Syndrome (Hobson)
• Epilepsy (Campbell)
• Paranoia/ personality disorder (Martin)
• Irresistible impulses (Bryne)
• Alcohol Dependency Syndrome (Stewart)