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Law paper 1- criminal > Fatal offences > Flashcards

Fatal offences Flashcards

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1
Q

Who defined murder?

A

Lord Coke

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2
Q

What is the definition of murder?

A

The unlawful killing of any human being under the King’s peace in any country of the realm with malice aforethought

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3
Q

What are the 2 times murder will be considered lawful?

A

Necessity
Self-defence

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4
Q

What is the case for self-defence?

A

Martin

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5
Q

Can an unlawful killing be committed by omission?

A

Yes

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6
Q

What is the case for an unlawful killing to be committed by omission?

A

Gibbins and Proctor- neglected their child who therefore died

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7
Q

What is an human being?

A

Living independently outside of the womb

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8
Q

What is the case for the definition of human being?

A

AG Ref No.3 1994

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9
Q

What did the case of Malcherek and Steel say?

A

A person on life support is not considered a human being

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10
Q

What does it mean if a killing is ‘under the King’s peace’?

A

The killing is lawful if it is in a time of war if you are killing an enemy

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11
Q

What does ‘any country of the realm mean’?

A

That a British citizen can be tried for murder even if committed in another country

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12
Q

What is the test for causation in fact?

A

The ‘but for’ test

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13
Q

What is the case for causation in fact?

A

White

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14
Q

What 3 things are needed for legal causation?

A

Morally responsible
More than minimal cause
Accelerated the death

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15
Q

What is the case for legal causation?

A

Pagett- Human shield

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16
Q

What are novus actus interveniens?

A

Things that break the chain of causation

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17
Q

What are the 3 types of NAI?

A

Act of victim (Longbottom)
Act of third party (Jordan)
Unpredictable event

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18
Q

Do eggshell conditions break the chain?

A

Never break the chain of causation

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19
Q

What did the case of Blaue say about eggshell conditions?

A

D must take the V as he finds them

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20
Q

What are the 2 types of mens rea for murder?

A

Direct intent
Oblique intent

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21
Q

What is direct intent and the case?

A

Has the aim and desire for the result (Mohan)

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22
Q

What is oblique intent and the case?

A

The result was virtually certain (Woolin)

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23
Q

What is unlawful act manslaughter?

A

D committed an unlawful act that lead to D’s death but the MR for murder is not present

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24
Q

What is the 2 part test for unlawful act manslaughter?

A

The act must be a crime
Cannot be committed through omission (Lowe)

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25
Q

What is a dangerous unlawful act?

A

Sober and reasonable man would regard it as dangerous and some risk of harm occurring

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26
Q

What is the case for dangerous unlawful act?

A

Church

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27
Q

What can a dangerous and unlawful act not be?

A

Doesn’t have to be aimed at V but may be aimed at a person or property

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28
Q

What are the cases for UA person and property?

A

Person- Larkin
Property- Goodfellow

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29
Q

The unlawful act must cause…

A

Death

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30
Q

Do normal causation rules apply for dangerous unlawful act and what are they?

A

Yes
Fact
Legal
NAI

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31
Q

What are the rules on causation and drugs?

A

If D supplies and does inject he is liable, if D supplies and the V self injects he is not liable unless he supplied it to someone young and misinformed

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32
Q

what is the case for causation and drugs?

A

Kennedy

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33
Q

What is the MR for unlawful act manslaughter?

A

they don’t need to realise that it was dangerous as long as they intended the act

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34
Q

What is the case for MR and unlawful act manslaughter?

A

Newbury and Jones

35
Q

What is involuntary manslaughter?

A

An unlawful killing where the D had no intention to kill or cause GBH

36
Q

What case restated the test for gross negligence manslaughter?

A

Broughton

37
Q

What is gross negligence manslaughter?

A

When D has killed but lacks the MR for murder and unlawful act manslaughter

38
Q

What are the 5 elements that must be established for gross negligence manslaughter?

A

DOC
BOD
Risk of death
Breach causes death
Gross negligent act

39
Q

What is the neighbor principle and what case?

A

People closely and directly affected by an act
Donoghue v Stevenson

40
Q

What are the 5 established duties for gross negligence manslaughter duty of care?

A

Contract (Pitwood)
Public office (Dytham)
Relationship (Gibbons and Proctor)
Voluntary (Stone and Dobinson)
Limit harm caused (Miller)

41
Q

What is the test for breach of duty?

A

Reasonable man with the same skill level and expertise

42
Q

What is risk of death?

A

Reasonably foreseeable at the time of breach

43
Q

What is the case for risk of death?

A

Rose- life threatening is not the same as the possibility of risk of death

44
Q

Is causation the same for gross negligence manslaughter?

A

Yes

45
Q

What does grossly negligent mean?

A

Breach so bad it amounted to a criminal offence

46
Q

What is the case for the MR of gross negligence and the held?

A

Adomako- behaviour so bad it amounted to a criminal offence

47
Q

What is voluntary manslaughter?

A

D had the AR and MR for murder but there is a defence as to why they killed

48
Q

What was the act that set out the rules on voluntary manslaughter?

A

Coroners and Justice act 2009

49
Q

What section of the coroners and justice act is loss of control?

A

S.54

50
Q

What are the 2 defences for voluntary manslaughter?

A

Loss of control
Diminished responsibility

51
Q

What does s.54(1a) of the Coroners and Justice Act 2009 state?

A

D’s acts/omissions resulted from loss of self control

52
Q

What does s.54(1b) of the Coroners and Justice Act 2009 state?

A

The loss of self control resulted from a qualifying trigger

53
Q

What does s.54(1c) of the Coroners and Justice Act 2009 state?

A

A person of the same age, sex and characteristics as D would’ve acted in the same way

54
Q

What does S.54(2) of the Coroners an Justice Act say?

A

Loss of control does not have to be sudden

55
Q

What does S.54(4) of the Coroners an Justice Act say?

A

If a person acts out of revenge, it will fail as it cannot be pre-meditated ‘snapped out of nowhere’

56
Q

What did the case of Jewell say about loss of control?

A

Sleeping badly and not being able to think straight was an insufficient defence

57
Q

What is S.55 of the Coroners an Justice Act about?

A

Qualifying triggers

58
Q

What does S.55(3) of the Coroners an Justice Act say?

A

V fears serious violence and does not have to be reasonable as long as it is honest

59
Q

What is the case for S.55(3) of the Coroners an Justice Act?

A

Lodge

60
Q

What does S.55(4) of the Coroners an Justice Act say?

A

The thing said must be extremely grave and the V must have been seriously wronged

61
Q

What is the case for S.55(4) of the Coroners an Justice Act?

A

Zebedee

62
Q

What does S.55(5) of the Coroners an Justice Act say?

A

The trigger can be a combination of the S.55(3) and (4)

63
Q

What does S.55(6c) of the Coroners an Justice Act say?

A

It cannot be due to sexual infidelity unless combined with the other triggers

64
Q

What is the case for sexual infidelity not being a trigger?

A

Dawes

65
Q

What is the case for sexual infidelity not being a trigger unless combined with other triggers?

A

Clinton

66
Q

What is the normal person’s test? 3 parts

A

A person of d’s sex and age with same degree of tolerance in same circumstances react in the same way
Other circumstances
Intoxication not taken into account

67
Q

What is the case for intoxication not being taken into account?

A

Amelash

68
Q

What are examples of other circumstances in the normal person’s test?

A

Mental health
Sexual abuse

69
Q

What is the case for other circumstances in the normal person’s test?

A

Hill

70
Q

What act defines diminished responsibility?

A

S.2 Homicide Act 1957, amended by s.52 Coroners and Justice Act 2009

71
Q

What is diminished responsibility?

A

A partial defence to a charge of murder

72
Q

What are the 4 parts of diminished responsibility and their sections?

A

S.52(1)- Abnormality of mental functioning
S.52(1)(a)- From a recognised medical condition
S.52(1)(b)- Substantially impaired D’s ability
S.52(1)(c)- Provides an explanation for D’s acts

73
Q

What is abnormality of mental functioning and what is the section?

A

Must suffer from abnormality of mental functioning with medical evidence
S.52(1)

74
Q

What does the case of Byrne say about abnormality of mental functioning?

A

‘a state of mind so different from that of ordinary human beings that a reasonable man would term it abnormal’

75
Q

How can a medical condition be recognised?

A

By psychiatrists on an internationally recognised list

76
Q

What are the 6 recognised medical conditions under S.52(1a) with cases?

A

Alcohol dependency syndrome (Tandy)
Battered spouse syndrome (Ahluwahlia)
Depression (Seers)
Schizophrenia (Kay)
Autism (Conroy)
Paranoid personality (Squelch)

77
Q

What comes under S.52(1)(b) of diminished responsibility?

A

Substantial impairment of ability

78
Q

What are the 3 things that come under substantial impairment of ability?

A

Understand their conduct
Form rational judgement
Ability to exercise self control

79
Q

What does it mean for D to understand their conduct and the section under substantial impairment of ability?

A

They are in an automatic state and don’t understand what they are doing
S.52(1)(a)

80
Q

What does it mean for D to form rational judgement and the section under substantial impairment of ability?

A

D can’t form rational judgement
S.52(1)(b)
eg. paranoia

81
Q

What does it mean for D to have the ability to exercise self control and the section under substantial impairment of ability?

A

They can’t stop themselves from killing
S.52(1)(c)

82
Q

What is the section number for ‘provides an explanation for D’s conduct’?

A

S.52(1)(c)

83
Q

How can an explanation be provided for D’s conduct?

A

Has to be a casual connection as to why D killed and their abnormality of mental functioning- significant factor

84
Q

What are the rules on diminished responsibility and intoxication?

A

Intoxication alone cannot be used unless there is an abnormality of mental functioning along with it or alcohol dependency syndrome

Law paper 1- criminal (6 decks)

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