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contract law and other. > fatal - offences > Flashcards

fatal - offences Flashcards

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1
Q

murder

A

an unlawful killing of a reasonable person under the kings or queens peace.

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2
Q

murder in a different country

A

can be trailed in domestic court

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3
Q

when might a killing be lawful

A

self defence
war
death penalty

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4
Q

who might nopt be a reasonable person

A

a foetus in the womb

brain dead - doctors have to often switch of life machines however that doesn’t make them criminally liable.

war time killing is classed as under the kings peace

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5
Q

attorney generel ref

A
  • foetus deliberately injured and the child is born but passes away due to these injury’s means the d can be criminally liable.
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6
Q

Malcherek v steel (1981)

A

brian dead
llp- doctors tuning of life machine does nt make them criminally liable.

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7
Q

Omission

A

Death can also result from omission or a failure to act
if d has a duty to the v and fails to fulfil that then the AR is present
stone v Dobinson
r v miller

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8
Q

In omission what needs to be proven?

A

There is a direct and unbroken link between ds act and the consequence

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9
Q

stone v Dobinson

A

omission
they had a duty of care to her sister.
lp - liable for her death ad they took responsibility of her when they took her in.

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10
Q

R v miller

A

omission
fire to mattress
legal principle - D can be liable for their reckless behaviour even if they didn’t mean for the consequence to happen.

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11
Q

Factual causation

A

needs to be established in every criminal case
the but for test
in some cases when the but for test is used the d may not be liable

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12
Q

R v paget

A

But for test - factual causation
p armed with a shotgun, used v as a human shield which resulted in her being shot by the police
held - but for p using her a human shield she would not have died. his conduct was the actual cause for her death.

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13
Q

legal causation

A

D act must be the substantial cause of consequence
- must be more than a minimum cause

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14
Q

R v Cato

A

legal causation
drug addicts spent the night injecting each other with heroin one died
- Mr Cato liable for manslaughter this is due to the injections being more than a minimum cause.

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15
Q

think skin rule

A

taking teh victim as you find them

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16
Q

R V Balue

A

Think skin rule
D stabbed V who was a johvass witness she refused blood transfusion.
- D was found liable

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17
Q

Novus Actus interveniens

A

Novus Actus Interveniens
- a new act of event and D can no longer be responsible for the consequences
- the act must be very different

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18
Q

R v Jordan

A

V stabbed in the stomach and was recovering in hospital. was given antibiotics and liquids. Previously he had an allergic reaction to antibiotics. He died
- action of the medical was the main cause of the death not initial stab wound.
- D was not liable for murder

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19
Q

R v Smith

A

Novus act interveniens

solider stabbed his comrade. 2 people carried the v and dropped him on the way to medical failed he had a punctured lung.
- d was found guilty of murder
legal principle - it doesn’t matter if the action was sole cauue of death it was still an operatig cause of death.

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20
Q

Action taken by victim

A

is death the result from the independent act the v took
- is the threat D shows serious? if it is then it is more reasonable for v independant action

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20
Q

R v Roberts

A

action taken by victim
D drove down a side road and sjubjected v to unwanted sexual advances. V jumped out of moving car and was injured
- d liable for injuries
- hadn’t been broke by actions
-

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21
Q

R V William

A
  • v jumped out of moving car because D tried to steal his wallet.
  • chain of causation was broke by v intervening act
  • d was not liable for imjuries
22
Q

Malice express and implied

A
  • what motives is there in murder
    Malice - doesnt need to proved
    murder can come for other motives
23
Q

Aforethought

A

Aforethought - no previos planning
- the intention isnt after the act
MR- intention to kill or cause gbh

24
Q

Malice

A

doesn’t to proved. murder can come from other motives - money revenge

25
Q

Direct intention

A

result of act is what D wanted to do.

26
Q

R v Vickers

A

direct intention
D broke into vs sweet shop. he knew the old lady was deaf. lady came in the cellar and saw d. He attacked v. she dies from the injuries.
- held, intention to cause gbh which resulted in death of v.
-implies necessary intention to commit murder.

27
Q

indirect intention

A

D did not intend particular result, but in acting the way he did he would of realide a risk of some harm.

28
Q

R v Woolin

A

indirect intention
D looses his temp with 3 month old baby/. throws baby against the wall. causes head injuries Leeds to death.
- if death or gbh is virtually certain then courts can pull out intention.

29
Q

R V Nederick

A

poures parrafin through ex-girlfirnds house intention to scare her. Killed a child.
- he was found guilty of murder
Virtually certain test - pouring parrafin through teh door he knew there was a child in there

30
Q

Mathew and alleyne

A

D throws V in the river. aware she v couldn’t swim. They left her and v died.
- d appealed against murder
courts affirmed appeal with virtual certainty test.

31
Q

loss of control
key elements

A

key elements.
- D must have loss control and death must be a result.
- must be a qualifying trigger (things said and done.)
- a normal person would of acted the same in Da postition

32
Q

R v Jewell

A

D drove to vs house where he him twice. convivted of murder ajndappealed onloss of control
lp- clear it was preplanned, insufficient evidence.

33
Q

loss of control - qualifying trigger

A

things sed mand done can qualify for a qualifying tigger.
if d kills v due to unfaithfulness. loc cannot be claimed.

34
Q

R v Clinton 2012

A

things said and done.
- V taunted d with details of her sexual exploits in her affair. She told d she didnt want their children living with him. she taunted him about looking up suicide websites saying he didn’t have the courage. day after d strangled v to death.
lp - sexual infidelity was not the only trigger courts ordered a retrial so all maters could be considered by the jury.

35
Q

R v Ballie

A

things said and done
D youngest son told d a drug dealer was supplying to all his sons and threated to punish them for changing dealers. D went into rage armed with a shotgun and razor and as he tried to escape he shot him killing him.
lp m- courts stated D remained out of control. No time to cool down between provocation and killing. Therefore D was successful using provocation as a defence.

36
Q

Involunrary manslaughter

A
  • an unlawful killing when d doesnt have the intention of commiting murder
37
Q

key elements involuntary manslaughter

A
  • unlawful act
    -dangerous (objectively) - not influenced by opinion or feelings - substantial cause by death
38
Q

Church 1966

A

recognises that there is some risk to harm

39
Q

Lamb

A

l and freind where playing witha retriver they knew ot was loaded
held - v did not fear d

40
Q

factors to be considered when loc to be a sucessfull defence

A

characteristics
jiry needs to take in account wheather a persom of D age and gender with a normal degree of tolerac would act the same if tehy where put in teh same situation

41
Q

Camplin 1978

A

15 year old boy killed his sexual tormenter. D loss self control
- reasonable man does not have to be an adult

42
Q

delay

A
  • Ds loss of control does not need to be sudden. - possible for there to be a delay between incident causing loc and the killing

Delay is taken in account by the jury when deciding killing resulted from loc

43
Q

R v Ahulwaliaor

A

D had been abused by v over many years. abuser threatnded d with violnce. Next day when v was aleep D poured petrol over and set him alight. convivted of murfer
-to long delay
in the new law it would be seen as loc defence
alowed under diminshed responsability with fresh evidence

44
Q

r v thornton

A

v was a heavy drinker who regular abused D. After an incident D went into the kitchen got a knife and stabbed v to death.
- convicted of murder
=- first appeal was unsuccessful no sudden and temp to loc
- second appeal held - a long build up of provocation
- got free of charges
- some facts would be successful now with loc

45
Q

factor to conisder

A

revenge - loc is not available to d who acts from motive of revenge
- even if d loses self control as a result of a qualifying trigger
incitement - loc is not available when d deliberately invited one of the qualifying trigger in order to provide an excuse for violence
-burden of proof if thereis not enlough evidnce prosecution can disaprove the defence.

46
Q

involuntary manslaughter

A

A person who kills or is a party of the killing of another is not convicted of murder if suffering with an abnormality of mental functioning

47
Q

key elements of involuntary manslaughter

A
  • abnormality of mental functioning
  • recognised medical condition
  • substantial impairment
  • provide an explanation for conduct
48
Q

R v Bryne

A

diminished responsability
D was a sexual psycopath who strangled a young women and mutated her body.
becaus eof his condition he wa sunable to control he perverted desires.
- he pleaded deminished resposabolity so that he should be guilty of manslaughter not murder
held - perverted desires are not seen as a mental illness.

49
Q

key elemement 1
diminished responsibility

A

abnormality of mental functioning
- was the state of d mind abnormal at the time

50
Q

key elemement 2
diminished responsibility

A

recognised medical condition
- has been proven before act has taken place
- the cause of mental functioning is a recognised medicial condition

51
Q

key elemement 3
diminished responsibility

A
52
Q

key elemement 4
diminished responsibility

A

contract law and other. (8 decks)

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