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Fatal offences Flashcards

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1
Q

Who created the definition for murder ?

A

Lord Coke

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2
Q

what are the 3 areas to murder ?

A
  1. Lord cokes definition
  2. causation
  3. intention (mens rea)
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3
Q

what is lord cokes definition ?

A

murder is the unlawful killing of a human being under the kings peace in any country of the realm with malice afterthought, expressed or implied

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4
Q

Gibbins and Proctor (1918)
starve, child, neglect

A

parents locked V away and neglected her. V starved to death
Guilty

unlawful killing

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5
Q

explain the human being part of Lord cokes definition

A
  • foetus - isn’t a human, as it can’t live independently from the womb. only can charge manslaughter
  • life support - if no brain activity then not a human
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6
Q

**

Adebolajo (2014)
soldier, muder, army

A
  • killed a solider, tried to argue it was an act of war, when it wasn’t
  • Guilty - whole life sentence
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7
Q

What are the 4 levels of intent ?

A
  1. dircet intent to kill
  2. direct intent for GBH
  3. oblique intent to kill
  4. oblique intent for GBH
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8
Q

Woolin (1998)
baby, throw

A
  • D’s baby wouldn’t stop crying, so he launched it across the room
  • confirmed the test for oblique intent
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9
Q

Mohan
ABH, officer

A
  • attempted ABH on an officer
  • created the definition for direct intent
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10
Q

explain direct intent

A
  • have full intention for murder/GBH and the end outcome
  • have the aim and desire
  • absolutely certain that the murder/GBH will occur
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11
Q

what is diminished responsibility ?

A

a partial defence to murder than can reduce the charge to manslaughter

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12
Q

what section is DR under ?

A
  • S2 if the homicide act 1957
  • amended by S52 of the coroners and justice act 2009
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13
Q

what are the 5 areas of diminished responsibility ?

A
  1. abnormality of mental functioning (AMF)
  2. recognised medical condition (RMC)
  3. substantially impaired (SI)
  4. provides an explanation (EX)
    if in Q
  5. If D kills and is intoxicated
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14
Q

what is the test for abnormality of mental functioning ?

A

D’s mental functioning is so abnormal that the normal person wouls see it so

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15
Q

Byrne (1960)
unable, woman, psychopath

A
  • D was a sexual psychopath who killed a young woman as he was unable to control his perverted desires
  • he successfully claimed DR as he had an AMF
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16
Q

what is a recognised medical condition ?

A
  • something that the WHO have on their condition list
  • must be confirmed by 2 medical professionals
  • EG: schizophrenia, psychosis, adjustment disorder, battered spouse syndrome
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17
Q

Brown (2011)
adjustment, hammer, bury

A
  • suffered from adjustment disorder and killed his soon to be ex wife with a hammer and buried her body
  • did get the defence of DR
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18
Q

what does substantially impaired mean ?

A

the RMC must substantially impair D’s mental responsibility to do one of 3 things:
1. understand the nature and conduct of their actions
2. make a rational judgment
3. exercise self control

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19
Q

Golds (2011)
22, psychotic, partner

A
  • had a psychotic episode, stabbed his partner 22 times
  • didn’t get the defence of DR
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20
Q

what does provides an explanation mean in terms of DR ?

A

needs to be a causal link between the defendants AMF and the killing

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21
Q

what are the 3 parts to intoxication in DR ?

A
  1. just drunk - plead intox defence instead
  2. drunk + an AMF/RMC - jury to ignore drink and focus on condition
  3. alcohol dependancy (ADS) - has it caused brain damage, volume of drinks consumed
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22
Q

Dietschmann (2003)
adjustment, watch, auntie

A
  • auntie/girlfriend died and D was suffering from an adjustment disorder
  • V broke watch given by auntie
  • D kicked him to death. was drunk at the time but if alcohol ignored he still had a RMC
  • defence given

intox + RMC/AMF

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23
Q

what is loss of controll ?

A

a partial defence to mu7rder that can reduce the charge to manslaughter

24
Q

what section is loss of controll under

A

S54 and S55 of the coroners and justice act 2009

25
Q

what are the 3 areas to loss of control ?

A
  1. loss of controll
  2. qualifying trigger
  3. normal person test
26
Q

explain loss of controll

A
  • D must loose controll so they are not the master of their mind
  • S54(2) the loss doesn’t need to be sudden
27
Q

Jewell (2014)
colleague, shot, house

A
  • D went to his work collegues house to pick him up and shot him at point blank range
  • no defence die to insuffiecent eveidence
28
Q

explain qualifying trigger

A
  • fear - fear really serious violence to you or someone else
  • anger -
    1. things said and done
    2. extremely grave of character
    3. justifiable sense of being wronged
29
Q

Dawes (2013)
sofa, ex, rage

A
  • D comes home to see his ex partner asleep with new boyfriend
  • fit of rage and kills the boyfriend
  • defence failed as he argued the fear trigger - and boyf was asleep
30
Q

Zebedee (2011)
farther, poo, stamp

A
  • D was dementia kept pooing himslef all the time
  • killed his farther by stamping on him
  • no defence as he didnt have a JSBW and his dads actions weren’t EGC
31
Q

what is the normal person test ?

A

we ask a person of D’s sex and age, with a normal degree of tolerance, who have been in D’s situation/simular, if they might have reacted the same

32
Q

Christian (2018)
shower, flat mate, stab

A
  • D tried to have a shower but all hot water had been used by his flat mate
  • stabbed flat mate
  • no defence as the NPT wouldn’t do the same thing
33
Q

What is involuntary manslaughter?

A

When death occurs but the defendant does not have the intention for death or serious injury

34
Q

What is constructive manslaugher ?

A

Occurs where D does an unlawful act that causes the death of the victim, but they don’t have the intention for killing

35
Q

What is CM also know as ?

A

Unlawful act manslaughter

36
Q

What are the 4 areas to CM

A
  1. Unlawful act
  2. Dangerous
  3. Caused death
  4. MR for the unlawful act
37
Q

Explain unlawful act

A
  • must be a positive criminal act (acc do something)
  • unlawful act does not need to be directed at the victim
  • unlawful act can be directed at property
  • omissions will not suffice
38
Q

Larkin
Mistress, blade, neck

A

D waved a razor blade in front of a man ( assault)
D’s mistress comes over to break up the fight and slits her neck on blade and dies
Guilty

39
Q

Explain dangerous

A
  • objective 2 part test through jury
    1. Would the SRP see D’s actions as dangerous
    2. Would the SRP see a risk of some harm
    Other relevant info for SRP: don’t need to make the same mistake as D, gain D’s knowledge
40
Q

Church
River, prostitute

A

D hired a prostitute to help him
Punched her unconscious and threw her in the river
Guilty

41
Q

Explain caused death

A
  • established that D caused D’s death
  • Normal causation rules apply
  • Principles that break the chain apply
42
Q

Goodfellow
House, family

A
  • d wants to move council says no so D sets house on fire
  • kids and wife inside die
  • guilty
43
Q

MR for the unlawful act

A
  • D must have MR for the unlawful act
  • can be intentional or recklessness depending on US
  • transferred malice applies
44
Q

Newbury and jones

A
  • 2 boys chucking concrete over railway bridge
  • one slab kills train driver
  • guilty
45
Q

What is gross negligence manslaughter

A

Occurs when D kills but lack the MR for murder, however they were acting negligently which causes D’s death
Tests were established in Adomako

46
Q

What are the 5 areas to gross neg

A
  1. Duty of care
  2. Breach of duty
  3. Foreseeable risk of death
  4. Caused the death
  5. Grossly negligent
47
Q

Explain duty of care

A
  • existing duty from either judges or parliament
  • similar duties can applies
  • no duties then apply Caparo
48
Q

Caparo test

A
  1. Was the harm reasonably foreseeable
  2. Fair just and reasonable
  3. Are your proximate to the victim
49
Q

Explain breach of duty

A

D judged against the ordinary standards of the reasonably competent person of their profession to see if there has been a breach

50
Q

Explain Evan’s

A

D bought daughter drugs and daughter overdosed and died
D moved her into bed and rang ambulance in the morning
Guilty as the rc drug dealer would phone 999 before fleeing

51
Q

Explain risk of death

A

The breach must show a forseeable serious and obvious risk of death:
A serious and obvious risk of death
Foreseeable - predict it will happen

52
Q

Explain caused death

A

Must be established that D caused the death of v
Normal rules of causation apply including principles that can break the chain

53
Q

Broughton

A

D dealt drugs to gf at festival, rang ambulance too late
NG as can’t prove that if ambulance had arrived earlier she would have survived

54
Q

Explain grossly negligent

A

Test - were D’s actions so bad that they accounted to a crime/ criminal offence

55
Q

Adomako

A

Eye doctor forgot to check o2 tubes and patient died
Guilty

Criminal law (6 decks)

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