Fatal Offences Flashcards
What is the definition of murder?
The unlawful killing of a human being under the Queen’s peace with malice aforethought.
What is the mens rea for murder?
Malice aforethought, which can be express malice or implied malice.
What is the actus reus for murder?
The unlawful killing of a human being.
What is the mandatory sentence for murder?
Life imprisonment.
What is the definition of voluntary manslaughter?
The unlawful killing of a human being with the intention to kill or cause grievous bodily harm, but with partial defence.
What is the partial defence for voluntary manslaughter?
Loss of control, diminished responsibility, or suicide pact.
What is the maximum sentence for voluntary manslaughter?
Life imprisonment.
What is the definition of involuntary manslaughter?
The unlawful killing of a human being without the intention to kill or cause grievous bodily harm.
What are the two types of involuntary manslaughter?
Unlawful act manslaughter and gross negligence manslaughter.
What is the actus reus for involuntary manslaughter by an unlawful act?
The defendant must commit an unlawful act that is dangerous and causes death.
What is the mens rea for involuntary manslaughter by gross negligence?
The defendant must have owed a duty of care, breached that duty, and the breach must have caused death.
What is the maximum sentence for involuntary manslaughter?
Life imprisonment.
What is corporate manslaughter?
The offence committed by a corporation where the way in which its activities are managed or organised causes a person’s death.
What is the maximum sentence for corporate manslaughter?
An unlimited fine.
What is the definition of causing death by dangerous driving?
The offence of causing death by driving a vehicle in a dangerous manner.
