Fatal Offences Flashcards
AO1
What is the definition of murder?
The unlawful killing of a reasonable person under the King’s peace with malice aforethought express or implied.
What are the requirements of actus reus of murder?
- Defendant killed - positive act or omission R v Miller
- Killing was unlawful means there’s no defence
- Killing of human being - not a foetus AG Ref v Malcherek
- Killing took place under the King’s peace- can’t be killing of an enemy in the course of war R v Blackman
What is the factual causation for murder?
But for test - but for D’s actions V would still be alive R v Pagett
What is the Legal causation for murder?
The D must be more than a minimal cause R v Smith
New intervening act which breaks chain of causation
1. Medical intervention R v Cheshire/Jordan/Deer
2. V’s own actions R v Roberts/ Williams
Thin skull rule- must take V as they find them R v Blaue
What is the mens rea for murder?
Express- intention to kill
Implied- intention to cause GBH R v Vickers
Direct intent- D intends specific consequence to occur R v Mohan
Indirect intent- Was death or serious injury a virtual certainty and did D appreciate that such was the case R v Woolin
Transferred Malice- Mr transferred from intended V to unintended V R v Latimer If Mr for different crime malice not transferred
What is Voluntary Manslaughter and what are the two types?
Partial defence to murder and to be charged with it D must have committed the actus reus and mens rea for murder and there must be a causal link between the D’s acts and the death.
Diminished Responsibility and Loss of control
What act sets out the defence of diminished responsibility
s52 of the Coroners and Justice Act 2009
What must the D demonstrate for a defence in DR?
- Must be an abnormality of mental functioning- a state of mind so different from that of the ordinary human being being that the reasonable man would term it abnormal R v Byrne
- D must be suffering from a recognised medical condition e.g depression R v Gittens
- That substantially impairs D’s ability to do one of three things: R v Lloyd
Understand nature of their conduct
Form a rational judgement
Exercise self control - Provides an explanation for D’s acts or omissions
What is the situation of a recognised medical condition and intoxication?
Intoxication alone cannot support a defence of DR as not considered abnormality of mental functioning but where it has caused brain damage the brain damage/ injury can be a RMC.
What Act sets out the defence of loss of control?
s54 Coroners and Justice 2009
What is the first stage of the 3 part test for loss of control?
- D must lose control (1) (b) i)when D lost the ability to maintain their action in accordance with considered judgement
ii) That the D lost their normal powers of reasoning
iii) That the D’s behaviour was very out of character and normally they wouldn’t have acted in this way.
D must have really lost it or snapped- R v Jewell
What is the second stage of the 3 part test for loss of control?
Because of a qualifying trigger
S55(3) CJA - Fear trigger- Ds fear of serious violence from the V, whether or not that fear was reasonable R v Ward
S55(4) CJA- Anger trigger- Something V did or said that constituted circumstances of an extremely grave character and caused D to have justified sense of being wronged R v Bowyer
What is the final stage of the 3 part test for loss of control?
s54(1) (c) - A person of the same sex and age with a normal degree of tolerance might have reacted in the same way R v Camplin
What is involuntary manslaughter and what are the two types?
Occurs when D lacks mens rea for murder. They had no intention to kill and may not have intention to harm the victim.
Unlawful Act Manslaughter and Gross negligence manslaughter
What is the definition of unlawful manslaughter ?
Liability built up from a lesser crime e.g if someone intended to commit an armed robbery and killed someone