fatal offences Flashcards
what is the definition of murder
the unlawful killing of a reasonable person in being under the kings peace with malice aforethought express or implied
what is the men’s rea of murder
intention to kill
intention to cause gbh
what is the actus reus of murder
unlawful killing via act or omission of a reasonable creature in being
r v gibbins and proctor
ommision leading to death can form the actus reus
what case shows an ommision can form the actus reus
r v gibbins and proctor
what is meant by a reasonable creature in being
a human being that is not a foetus
brain dead is a grey area
what is meant by under the kings peace
war killings are an exception
what is meant by an unlawful killing
not in self defence or in prevention of crime
what is express intention
a clear intention to end the life of a victim
what is oblique intention
no direct intent but is aware of the consequence
what is the serious harm rule
you only need to intend to cause gbh to form the mens rea of murder
what case established the serious harm rule
dpp v smith
how do you establish oblique intent
using foresight of consequences
what are the foresight of consequences
was the consequence natural and probable
did the defendant foresee this
does the jury find d had this level of intention
what is transferred malice
d intents to kill or harm one person but ends up killing another
which case shows transferred malice
r v gnango
r v gnango
transferred malice
what is the statute for attempted murder
the criminal attempts act 1981
what is the mens rea of attempted murder
an intention to kill
what is the actus reus of attempted murder
person does an act more than merely preparatory
r v whybrow
there just be an intention to kill in attempted murder
what case shows there must be an intention to kill in attempted murder
r v whybrow
what are the elements needed for diminished responsibility
abnormality of mental functioning
medical condition
impaired ability
explains act or ommision
what is meant by an abnormality of mental functioning
a state of mind so different from that of an ordinary human being that the reasonable man would call it abnormal
what case shows an abnormality of mental functioning
r v byrne
r v byrne
abnormality of mental functioning is what a reasonable man would term as abnormal
what is a recognised medical condition
a physical mental or psychological condition which can be evidenced under the WHO database which can be evolved
what is meant by substantially impair
a degree, and is up to the jury
what must be substantially impaired to prove diminished responsibility
understand nature of his conduct
form a rational judgement
exercise self control
what is meant by diminished responsibility providing an explanation
the medical condition must lead to abnormality which leads to impaired ability and this must be the reason for killing
what kind of defence is diminished responsibility
partial and special
is intoxication enough to create dr
no
what case shows intoxication can’t create diminished responsibility
r v dowds
r v dowds
intoxication can’t be the only factor behind diminished responsibility
