Fatal Offences

Question 1

Gibbins v Proctor (GE)

Answer 1

Duty of Care through special relationship + Guilty of murder through an omission

Question 2

ATG’s Ref No.3 1994 (M)

Answer 2

Feoutus is not a ‘reasonable person’

Question 3

Airdale v Bland (M)

Answer 3

Can ‘lawfully kill’ by termination of life support with court order

Question 4

R v Adamako (GNM)

Answer 4

Leading Case on GNM. Tube disconnected from venalatior - failed to notice.

Question 5

R v Rudling (GNM)

Answer 5

‘serious’ means more than minimal or remote. No ‘extra’ investigation required’

Question 6

R v Rose (GNM)

Answer 6

‘Obvious’ clear, present and unambiguous - based on information available to D.

Question 7

R v Cornish (GNM)

Answer 7

Breach so ‘flagrant and atrocious’ that it would amount to a crime’

Question 8

R v Batemen (GNM)

Answer 8

Beyond a matter of mere compensation

Question 9

R v Fanklin (UAM)

Answer 9

Unlawful act must be criminal a Civil wrong will not surfice

Question 10

R v Lamb (UAM)

Answer 10

Must be an unlawfull act

Question 11

R v Lowe (UAM)

Answer 11

Must be an act and not an omission

Question 12

R v Goodfellow (UAM)

Answer 12

Unlawful act can be against property

Question 13

R v Larkin (UAM)

Answer 13

Does not have to be aimed at the victim

Question 14

R v Church (UAM)

Answer 14

A sober and reasonable person would foresee some harm.

Question 15

R v JM and SM (UAM)

Answer 15

Does not matter what form the harm takes so long as ‘some harm’ may be recognised

Question 16

R v Dawson (UAM)

Answer 16

Imitation Gun - Harm not foreseeable

Question 17

R v Watson (UAM)

Answer 17

Robbery of Elderly - Forseeably Dangerous

Question 18

DR - Act

Answer 18

S.2(1) Homocide Act 1967

Question 19

(DR) s.2(1) Homocide Act 1967

Answer 19

a person who kills or is party to a killing of another is not to be convicted of murder if he was suffering from an abnormality of mental functioning caused by a disease of the mind

Question 20

R v Bryne (DR)

Answer 20

A state of mind so different from ordinary that a reasonable man would term it abnormal

Question 21

R v Golds (DR)

Answer 21

Not any impairment will surfice - defence must provide medical evidence

Question 22

R v Lloyd (DR)

Answer 22

Substantial is not total, nor trivial or minimal

Question 23

(DR) Must impair D ability to…

Answer 23

1) understand nature of conduct
2) form rational judjement
3) exersise self-control

Question 24

Deitschmenn (DN)

Answer 24

Intoxication + Abnormality - must be satistifed that the abnormality was the casual factor

Question 25

(DR) R v Dowds

Answer 25

Voluntary intoxication on its own cannot support DR

Question 26

LoC- Act

Answer 26

S.54 Cormoners and Justice Act 2009

Question 27

S.54 CJA 2009

Answer 27

1)Where a person (“D”) kills or is a party to the killing of another (“V”), D is not to be convicted of murder if—
(a)D’s acts and omissions in doing or being a party to the killing resulted from D’s loss of self-control,
(b)the loss of self-control had a qualifying trigger, and
(c)a person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.
(2)For the purposes of subsection (1)(a), it does not matter whether or not the loss of control was sudden.
(3)In subsection (1)(c) the reference to “the circumstances of D” is a reference to all of D’s circumstances other than those whose only relevance to D’s conduct is that they bear on D’s general capacity for tolerance or self-restraint.

Question 28

R v Zaebadee (LoC)

Answer 28

Incontinance not things said or done

Question 29

R v Bowyer (LoC)

Answer 29

No ‘justificable sense’ as he had broken into house’

Question 30

R v Ahlualia (LoC)

Answer 30

Need not be sudden

Question 31

R v Jewel (LoC)

Answer 31

Excludes ordinary tiredness

Question 32

R v Clinton (2012) (LoC)

Answer 32

Sexual infidelity on its own not a qualifying trigger

Question 33

R v Dawes (2013) (LoC)

Answer 33

no defence where D incited violence

Question 34

Ibrams and Gregory (1982)

Answer 34

planned revenge is not a loss of control