fatal offences Flashcards
what are all the types of fatal offences against the person
murder
voluntary manslaughter
involuntary manslaughter
gross negligence manslaughter
rape
mens rea for murder
“Malice aforethought,” which includes:
Intention to kill, or
Intention to cause grievous bodily harm (GBH).
where is murder defined
case law rather than statues
case example for murder
r v whiting
Mens rea, statue, section and case for voluntary manslaughter
Mens Rea:
The same as murder: intention to kill or cause grievous bodily harm.
Reduced to manslaughter due to mitigating circumstances, such as:
Loss of control (formerly provocation),
Diminished responsibility,
A suicide pact
Statute and Section: Homicide Act 1957, sections 2
Case Example: R v Byrne (1960) - The defendant’s conviction for murder was reduced to manslaughter due to diminished responsibility caused by a mental condition.
Mens rea, statue, section and case for involuntary manslaughter
Mens Rea:
Lacks intention to kill or cause grievous bodily harm.
Caused by:
An unlawful act (constructive manslaughter), or
Gross negligence.
Statute and Section: Common law offense.
Case Example: R v Church (1966) - The court held that the mens rea for involuntary manslaughter involves the defendant committing an unlawful act that was dangerous and caused death.
Mens rea, statue, section and case for gross negligence manslaughter
Mens Rea:
A duty of care exists,
Breach of that duty,
The breach causes death,
The breach was so grossly negligent that it warrants criminal liability.
Statute and Section: Common law offense.
Case Example: R v Adomako (1994) - An anesthetist’s failure to notice a disconnected oxygen tube, resulting in a patient’s death, was held to be gross negligence manslaughter.
Mens rea, statue, section and case for rape
Mens Rea:
Intention to have sexual intercourse with a person,
Without reasonable belief that the person consents.
Statute and Section: Sexual Offences Act 2003, section 1.
Case Example: R v R- made rape within marriage illegal
