Fatal Offences Flashcards
what is the definition of murder?
unlawful killing of a reasonable person in being and under the King’s peace with malice aforethought
examples of lawful killing
- killing in self defence
- killing in wartime
- doctors withdrawing
- killing in prevention of a crime
what is needed to find causation of murder?
use the but for test e.g. R v White
legal causation e.g. R v Paget
what happened in R v Holland
guy’s finger got cute, he ended up getting infection and died
what happened in R v Walace?
sulfuric acid was thrown over victim and he ended up getting euthinised
what 2 things don’t count as a ‘human being’
plus examples
fetus in the womb - R v Poulton
someone who is brain dead - Malcherek
what are the 2 mens rea of murder?
1) express malice aforethought: intent to kill
2) implied malice aforethought - intent to cause GBH
example of implied malice aforethought
R v Vickers
intended to cause GBH to old woman who owned a sweet shop with deaf woman
3 types of getting sentence reduced and who is allowed to and not
Whole life term - for exceptionally serious cases e.g. premeditated killings of two or more people, sexual or sadistic child murder or political murder.
Thirty years minimum - for murders of police or prison officers, murders involving firearms, sexual or sadistic killings or killings aggravated by race or sexual orientation.
Fifteen years minimum - for all other murders.
what are 2 partial defences to murder to turn it into voluntary manslaughter
1 - diminished responsibility
2 - loss of control
what is the sentencing for voluntary manslaughter?
judges can chose any sentence they want
what is diminished responsibility?
getting a lesser sentence due to certain reasons
what is the whole legal description for diminished responsibility?
A person who kills or is a party to the killing of another is not to be convicted of murder if defendant was suffering form an abnormality of mental functioning which -
a) arose from a recognised medical condition
b) substantially impaired defendants liability to (1A)
c) provides an explanation for defendants acts and omissions in doing or being a party to the killing
(1A) those things are
a - to understand the nature of D’s conduct
b - to form a rational judgement
c - to excercise self control
who has burden of proof when it comes to diminished responsibility?
the defendant
they have to prove why they did their actions
what principle did R v Byrne show?
mental conditions can be used as a defence
what mental abnormality was shown in R v Byrne?
Psychopath
what mental abnormality was shown in R v Vinarge?
extreme jealousy
what mental abnormality was shown in R v Ahluwalia?
battered woman syndrome
what mental abnormality was shown in R v Thornton?
battered woman syndrome
what mental abnormality was shown in R v Smith?
Premenstrual tension
what mental abnormality was shown in R v Reynolds?
Postnatal depression
what mental abnormality was shown in R v Campbell?
epilepsy and brain damage
what mental abnormality was shown in Kerrie Gray
PTSD
what did S52 of the Coroners and Justice Act 2009 say?
alcohol can’t be use diminished responsibility in a case
example of voluntary intoxication not being used as a defence
R v Di Duca
what was the principle decided in R v Dietschmann?
disregarding alcohol, would the abnormality still have made the death happen?
What was decided in R v Woods
(alcohol dependence syndrome)
if alcohol consumption causes brain damage, it can be used as a defence
What was in the S54 Coroners and Justice Act 2009
not convicted of murder if -
- defendant’s acts and omissions in killing resulted from D’s loss of control
- the loss of self control had a qualifying trigger
- a person of similar age, tolerance etc. would react in a similar way
what case was loss of control decided in?
R v jewell
can loss of control be gained over a period of time?
yes
Case example of fear of serious violence
R v Dawes
Example of ‘things done or said of an extreme grave character’ case
R v Zebedee
dad aged 93 shat himeself and son got fed up
wasnt a good case example
Can sexual infidelity be used as a loss of control trigger?
no
when can sexual infidelity be used as a loss of control trigger?
when it is paired with another valid element
Example of a valid element and sexual infidelity cross over
R v Clinton
Example where considered desire for revenge can’t be used as a defence
R v Ibrams and Gregory
example where jury has to decide whether a similar person of a reasonable character would do the same thing
R v Rejmanski
PTSD
what are the 2 types of involuntary manslaughter?
1 - unlawful act manslaughter
2 - gross negligence manslaughter
what is the a tue reus of unlawful act manslaughter?
- d must have committed a crime
- the act must be objectively dangerous
- the act must cause death
what is the mens rea of unlawful manslaughter
mens rea for the unlawful act - not murder
example of not liable due to crime not being an unlawful act
R v Franklin
chucked box off brighton pier and killed woman below
not liable as it wasn’t a criminal offence
example to show unlawful manslaughter has to be an act not an omission
R v Lowe
forgot to feed his baby
example of dangerous interference with a vehicle being unlawful manslaughter
R v Meeking
Example to show harm doesn’t need to be directed at victim
R v Larkin
razor - ex mistress
example to show unlawful manslaughter doesn’t need to be a foreseeable act
R v JM and SM
bouncers internal bleeding
what is gross negligence manslasughter?
when duty of care is so bad it leads to death and it is treated as a criminal case
where was the idea of gross negligence established?
R v Adomako
oxygen tube
what do you need to show to prove gross negligence manslaughter?
- duty of care between victim and defendant
- an act or omission in breach of that duty
- which creates a serious and obvious risk of death
- actually causes death
- whole must amount to gross negligence
what principles were decided in Caparo v Dickman?
1 - harm was reasonably foreseeable
2 - proximity must be close
3 - fair, just and reasonable to impose duty
examples where duty of care is owed
landlord = R v Singh
carbon monoxide poisoning
ship captain = R v Litchfield
diesel in petrol area and boat crashed
example where parents have a duty of care
R v Edwards - kids playing on railway and they got run over
what is gross negligence manslaughter?
when a duty of care is so bad that there is a death and it is treated as a criminal case
