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fatal offences Flashcards

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1
Q

what are the five steps to murder?

A

an unlawful killing, of a reasonable human being, under the kings peace, with causation, with mens rea

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2
Q

what is an unlawful killing?

A

killings can be lawful such as life support or saving anothers life etc, brain stem death occurs

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3
Q

what is a reasonable human being?

A

something unconnected to their mother, independant from the mother

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4
Q

what is under the kings peace?

A

not at wartime

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5
Q

what is the mens rea for murder?

A

intention, recklessness wont suffice

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6
Q

what are the two types of intention for murder?

A

express, intention to kill OR implied, intention to cause gbh

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7
Q

what are the two partial defences to murder?

A

loss of control and diminished responsibility

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8
Q

what are the three steps for loss of control?

A

genuine loss of control, with a qualifying trigger, against the standard of self control

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9
Q

what is a genuine loss of control?

A

doesnt need to be sudden, cannot be revenge, losing temper wont suffice

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10
Q

what is a qualifying trigger?

A

can be fear or anger, fear is subjective, anger is objective, fear can be unreasonable as long as it was genuine, anger must be of extremely grave character and give a justifiable sense of being wronged

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11
Q

where is loss of control set out?

A

section 54+55 of the coriners and justice act 2009

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12
Q

what are the two things that will never qualify as triggers?

A

incitement of either anger or fear, and sexual infedelity alone cannot

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13
Q

what is the standard of self control?

A

would a person of ds sex and age with a normal degree of tolerance and self restraint in the circumstances of d have reacted in the same or similar ways

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14
Q

what circumstances may be considered in standard of self control?

A

abuse, sexual infidelity alongside something else, depression, unemployment etc

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15
Q

will intoxication effect the standard of self control?

A

if intoxicated still compared to a sober reasonable person

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16
Q

what is diminished responsibility set out in?

A

homocide act 1957 amended in coroners and justice act 2009

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17
Q

what are the four steps to diminished responsibility?

A

abnormality of mental functioning, with a recognised medical condition, which substantially impairs them, explaining their conduct

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18
Q

what is abnormality of mental functioning?

A

a state of mind so different to that of ordinary human beings that the reasonable man would term it abnormal

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19
Q

what is a recognised medical condition?

A

needs to have medical, can be psychological or physical, provide accepted, schizophrenia ads etc

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20
Q

what is a substantial impairment?

A

it needs to either make them unable to understand the nature of their conduct, make them unable to form a rational decision, or make them unable to exercise their self control
it must be important and weighty

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21
Q

how do you explain the defendants conduct in diminished responsibility?

A

link the killing to the substantial impairment

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22
Q

will intoxication effect diminished responsibility?

A

voluntary intoxication alone cannot suffice, if medical condition runs alongside intoxication jury decide whether it was the intoxication at the time or genuinely the abnormality, addiction can be considered, was it voluntary or can they genuinely not stop

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23
Q

what are the four parts of unlawful act manslaughter?

A

unlawful act, which is dangerous, with causation, with mens rea

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24
Q

what is an unlawful act?

A

a crime must be committed, must be criminal in nature

25
Q

what is considered a dangerous act?

A

if a sober and reasonable man could recognise ds act to be subject to some harm , objective, they dont need to recognise it themselves, harm includes shock but not mental disturbance

26
Q

what is the mens rea for unlawful act manslaughter?

A

mens rea for the unlawful act not the murder

27
Q

what are the five steps of gross negligence manslaughter?

A

duty of care, that has been breached, with a risk of death, with causation, which was grossly negligent

28
Q

how can a duty be breached in gross negligence manslaughter?

A

considers what d was expected to do and whether he failed to do it or did it poorly, judged against the standard of the reasonable competent man doing the same activity

29
Q

what is considered a risk of death?

A

a reasonably foreseeable risk of death they dont have to be aware of it themselves, risk of injury wont suffice

30
Q

what is considered grossly negligent?

A

is it criminal in nature, is there a disregard to life and safety of others, must be gross, jury consider is the conduct departed from the standard of care expected of them

31
Q

re a

A

killed one conjoined twin to save another - a lawful killing

32
Q

ag ref no.3

A

baby born prematurely and died due to stab during pregnancy - reasonable creature in being

33
Q

page

A

soldier killed an egyptian national - under the kings peace

34
Q

moloney

A

murder - intention only

35
Q

vickers

A

broke into cellar and attacked old woman above - implied malice intention to cause gbh

36
Q

jewell

A

said he was sleeping badly when he killed someone - acting out of character wont suffice as a genuine loss of control

37
Q

ahluwalia

A

killed her husband after years of abuse - reaction should be immediate and not revenge

38
Q

johnson

A

started an argument then killed them - incitement wont suffice

39
Q

lodge

A

killed drug dealer - qualifying trigger of fear

40
Q

zebedee

A

killed dad suffering with alzheimers - qualifying trigger can be anger

41
Q

clinton

A

comments on cheating made - sexual infidelity alone cannot suffice

42
Q

camplin

A

age and sex must be considered

43
Q

hill

A

abused as a child - considered a circumstance

44
Q

asmelash

A

intoxicated at the time of killing - intoxication cannot amount to a loss of control

45
Q

byrne

A

a sexual psychopath - medical condition

46
Q

tandy

A

ads - medical condition

47
Q

kay

A

schizophrenia - medical condition

48
Q

golds

A

impairment must be important and weighty

49
Q

dowds

A

intoxicated at the time of killing - intoxication alone unless addiction cannot suffice to diminished responsibility

50
Q

slingsby

A

must be criminal in nature to be an unlawful act

51
Q

newbury and jones

A

threw stone on train and it killed a guard - criminal damage classed as an unlawful act

52
Q

church

A

the reasonable sober man test recognising some harm

53
Q

larkin

A

defendant doesnt need to realise risk of harm themselves

54
Q

watson

A

died from burglary at his home - reasonable man would be aware of the risk here

55
Q

adomaka

A

failed to notice disconnected tube - gross negligence manslaughter

56
Q

broughton

A

supplied drugs to girlfriend and filmed her didn’t help - clear duty of care

57
Q

singh

A

controlled properties faulty gas fire - breached contractual duty

58
Q

bateman

A

shown such disregard to life and safety of others

59
Q

misra and srivistava

A

must be risk of death not just injury in gross negligence

law (4 decks)

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