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Law paper 1 > Fatal Offences > Flashcards

Fatal Offences Flashcards

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1
Q

what is the definition of murder?

A

unlawful killing of a reasonable person in being and under the King’s peace with malice aforethought

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2
Q

examples of lawful killing

A
  • killing in self defence
  • killing in wartime
  • doctors withdrawing
  • killing in prevention of a crime
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3
Q

what is needed to find causation of murder?

A

use the but for test e.g. R v White
legal causation e.g. R v Paget

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4
Q

what happened in R v Holland

A

guy’s finger got cute, he ended up getting infection and died

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5
Q

what happened in R v Walace?

A

sulfuric acid was thrown over victim and he ended up getting euthinised

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6
Q

what 2 things don’t count as a ‘human being’
plus examples

A

fetus in the womb - R v Poulton
someone who is brain dead - Malcherek

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7
Q

what are the 2 mens rea of murder?

A

1) express malice aforethought: intent to kill
2) implied malice aforethought - intent to cause GBH

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8
Q

example of implied malice aforethought

A

R v Vickers
intended to cause GBH to old woman who owned a sweet shop with deaf woman

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9
Q

3 types of getting sentence reduced and who is allowed to and not

A

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.

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10
Q

what are 2 partial defences to murder to turn it into voluntary manslaughter

A

1 - diminished responsibility
2 - loss of control

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11
Q

what is the sentencing for voluntary manslaughter?

A

judges can chose any sentence they want

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12
Q

what is diminished responsibility?

A

getting a lesser sentence due to certain reasons

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13
Q

what is the whole legal description for diminished responsibility?

A

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

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14
Q

who has burden of proof when it comes to diminished responsibility?

A

the defendant
they have to prove why they did their actions

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15
Q

what principle did R v Byrne show?

A

mental conditions can be used as a defence

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16
Q

what mental abnormality was shown in R v Byrne?

A

Psychopath

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17
Q

what mental abnormality was shown in R v Vinarge?

A

extreme jealousy

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18
Q

what mental abnormality was shown in R v Ahluwalia?

A

battered woman syndrome

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19
Q

what mental abnormality was shown in R v Thornton?

A

battered woman syndrome

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20
Q

what mental abnormality was shown in R v Smith?

A

Premenstrual tension

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21
Q

what mental abnormality was shown in R v Reynolds?

A

Postnatal depression

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22
Q

what mental abnormality was shown in R v Campbell?

A

epilepsy and brain damage

23
Q

what mental abnormality was shown in Kerrie Gray

A

PTSD

24
Q

what did S52 of the Coroners and Justice Act 2009 say?

A

alcohol can’t be use diminished responsibility in a case

25
Q

example of voluntary intoxication not being used as a defence

A

R v Di Duca

26
Q

what was the principle decided in R v Dietschmann?

A

disregarding alcohol, would the abnormality still have made the death happen?

27
Q

What was decided in R v Woods
(alcohol dependence syndrome)

A

if alcohol consumption causes brain damage, it can be used as a defence

28
Q

What was in the S54 Coroners and Justice Act 2009

A

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

29
Q

what case was loss of control decided in?

A

R v jewell

30
Q

can loss of control be gained over a period of time?

A

yes

31
Q

Case example of fear of serious violence

A

R v Dawes

32
Q

Example of ‘things done or said of an extreme grave character’ case

A

R v Zebedee
dad aged 93 shat himeself and son got fed up
wasnt a good case example

33
Q

Can sexual infidelity be used as a loss of control trigger?

A

no

34
Q

when can sexual infidelity be used as a loss of control trigger?

A

when it is paired with another valid element

35
Q

Example of a valid element and sexual infidelity cross over

A

R v Clinton

36
Q

Example where considered desire for revenge can’t be used as a defence

A

R v Ibrams and Gregory

37
Q

example where jury has to decide whether a similar person of a reasonable character would do the same thing

A

R v Rejmanski
PTSD

38
Q

what are the 2 types of involuntary manslaughter?

A

1 - unlawful act manslaughter
2 - gross negligence manslaughter

39
Q

what is the a tue reus of unlawful act manslaughter?

A
  • d must have committed a crime
  • the act must be objectively dangerous
  • the act must cause death
40
Q

what is the mens rea of unlawful manslaughter

A

mens rea for the unlawful act - not murder

41
Q

example of not liable due to crime not being an unlawful act

A

R v Franklin
chucked box off brighton pier and killed woman below
not liable as it wasn’t a criminal offence

42
Q

example to show unlawful manslaughter has to be an act not an omission

A

R v Lowe
forgot to feed his baby

43
Q

example of dangerous interference with a vehicle being unlawful manslaughter

A

R v Meeking

44
Q

Example to show harm doesn’t need to be directed at victim

A

R v Larkin
razor - ex mistress

45
Q

example to show unlawful manslaughter doesn’t need to be a foreseeable act

A

R v JM and SM
bouncers internal bleeding

46
Q

what is gross negligence manslasughter?

A

when duty of care is so bad it leads to death and it is treated as a criminal case

47
Q

where was the idea of gross negligence established?

A

R v Adomako
oxygen tube

48
Q

what do you need to show to prove gross negligence manslaughter?

A
  • 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
49
Q

what principles were decided in Caparo v Dickman?

A

1 - harm was reasonably foreseeable
2 - proximity must be close
3 - fair, just and reasonable to impose duty

50
Q

examples where duty of care is owed

A

landlord = R v Singh
carbon monoxide poisoning

ship captain = R v Litchfield
diesel in petrol area and boat crashed

51
Q

example where parents have a duty of care

A

R v Edwards - kids playing on railway and they got run over

52
Q
A
53
Q

what is gross negligence manslaughter?

A

when a duty of care is so bad that there is a death and it is treated as a criminal case

Law paper 1 (8 decks)

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