fatal offences

Question 1

what are the three aspect if the actus rea of murder

Answer 1

An unlawful killing(1) of a reasonable creature(2) under the kings peace(3)

Question 2

what is defined in Malcherek and steel (1981)

Answer 2

brain death is classed as death

Question 3

what is the mens rea of murder

Answer 3

Express malice aforethought intention to kill and implied malice aforethought intention to cause GBH

Question 4

what case can used for the intention to cause GBH is sufficient for murder

Answer 4

R v Cunningham 1981

Question 5

what is the sentencing for murder and where will the sentencing be found

Answer 5

a whole life sentence/ Schedule 21 of sentencing act 2020

Question 6

what does a partial defence to murder do and what section defines it

Answer 6

It reduces the charge to voluntary manslaughter. S 54(1) CJA 2009

Question 7

what type of offence is murder

Answer 7

muder is a specific intent offence

Question 8

what are the 3 requirements of loss of control

Answer 8

1: loss of self control 2: a qualifying trigger and 3: * D’s sex and age normal capacity for tolerance self-restraint.

Question 9

what is classed as a qualifying trigger for loss of controll

Answer 9

Fear anger ( subjective test), anger( objective test)

Question 10

what cannot be classed as a qualifying trigger?

Answer 10

sexual infidelity and revenge

Question 11

what case can be used for sexual infidelity

Answer 11

r v clinton

Question 12

what 4 things are needed for Diminished responsibility to be present?

Answer 12

suffering from a mental abnormality, recognised mental condition, substantially impair one ore mores of D’s abilities and does D’s impairment badly contribute to his conduct

Question 13

what are the 2 requirements for gross negligance manslaughter

Answer 13

1) a duty to the victim, 2) must cause the vitcims death

Question 14

what was the outcome that was found in R v adomako

Answer 14

The defendent’s actions were grossly negligent

Question 15

what is the role of the jury in determening Gross negligence mansluaghter?

Answer 15

1) whether the conduct of the defendant is capable of being defined as criminal

Question 16

In diminished responsibility who need to prove standard of proof

Answer 16

its on the Defendant

Question 17

what are the two types of involuntery manslaughter

Answer 17

1) Gross negligence and unlawful act

Question 18

what are the 4 requirements for unlawful act manslaughter

Answer 18

1) must have committed and unlawful act,2) objectively manslaughter,3) must cause death, 4) must have they required mens rea

Question 19

which types of causation must apply to unlawful a t manslaughter

Answer 19

factual and legal causation

Question 20

name at least 3 cases for unlawful act manslaughter

Answer 20

1) r v Franklin, 2) R v lamb( must be a criminal offence to give rise to liability , 3) R v Lowe

Question 21

what case defines dangerous for unlawful act manslaughter

Answer 21

R v Church( would a reasonable person see the act as dangerous)

Question 22

what are the 4 requirements for diminshed responsibility

Answer 22

1) is D suffering from an abnormality of mental functioning, 2) Does D’s abnormality of mental functioning arise from a recognised medical condition, 3) did his abnormality of brain function sunstantially impair one or more of D’s abilities, 4) signifcantly contribute to D’s conduct

Question 23

what was the outcome in R v byrne

Answer 23

The defendnets abnormality functioning must be so different to an ordinary human.

Question 24

what was the outcome in R v Golds?

Answer 24

the jury can decide whether or not the impairment in the case is substantial

Question 25

what was the outcome of R v Dowds

Answer 25

voluntary intoxication will not be considered a recognised medical condition.

Question 26

what was the outcome in r v Dietschmann

Answer 26

despite the drink, his mental abnormality sunstantially impaired his mental responsibility for his acts