Fatal Offences Flashcards
What is the definition of ‘homicide’ in law?
The unlawful killing of a human being under the King’s peace.
True or False: Murder is classified as a fatal offence.
True.
What are the two main types of homicide?
Murder and manslaughter.
Fill in the blank: The mens rea for murder is _____.
malice aforethought.
What is ‘voluntary manslaughter’?
A killing that would be murder but for the presence of a recognized mitigating factor.
Name one defense that can reduce murder to voluntary manslaughter.
Loss of control or diminished responsibility.
What is ‘involuntary manslaughter’?
A killing that occurs without intent to kill or cause serious harm.
True or False: All forms of manslaughter require proof of intent.
False.
What is the key difference between murder and manslaughter?
Murder involves intent to kill or cause serious harm, while manslaughter does not.
What is meant by ‘malice aforethought’?
The intention to kill or cause serious injury before the act.
What is the penalty for murder in the UK?
Life imprisonment.
Fill in the blank: The actus reus of murder is _____.
the unlawful killing.
What is ‘constructive manslaughter’?
A form of manslaughter that arises from an unlawful act that is dangerous and results in death.
True or False: A person can be charged with murder if they kill someone in self-defense.
False, if self-defense is proven.
What is the ‘reasonable person test’ in the context of provocation?
A standard used to determine if a reasonable person would have reacted similarly under provocation.
What constitutes ‘diminished responsibility’?
A mental condition that impairs a person’s ability to understand their actions or form intent.
What is the significance of the ‘year and a day rule’?
Historically, it limited the time frame within which a homicide could be prosecuted.
Fill in the blank: A ‘killing’ must result in the death of a _____ human being.
living.
What is ‘causation’ in fatal offences?
The requirement to prove that the defendant’s actions directly caused the death.
True or False: A defendant can be liable for murder if they acted recklessly.
True, if it shows malice aforethought.
What is the role of ‘intention’ in establishing murder?
Intention is crucial to proving the mens rea for murder.
What type of homicide is characterized by a lack of intent?
Manslaughter.
What does ‘actus reus’ refer to?
The physical act of committing a crime.
Fill in the blank: ‘Gross negligence manslaughter’ requires a breach of a _____ duty.
duty of care.
What is the maximum sentence for involuntary manslaughter?
There is no maximum sentence; it can vary based on circumstances.
What is ‘felony murder’?
A legal rule that allows a defendant to be charged with murder if someone dies during the commission of a felony.
What is voluntary manslaughter?
Voluntary manslaughter is a homicide that occurs when a person intentionally kills another but does so under circumstances that mitigate the crime from murder to manslaughter.
True or False: Voluntary manslaughter requires a premeditated intent to kill.
False
What are the three key elements that can reduce murder to voluntary manslaughter?
Loss of control, diminished responsibility, and suicide pact.
Fill in the blank: The defense of _____ allows a defendant to argue that they were not in control of their actions due to a temporary loss of self-control.
Loss of control
In the context of voluntary manslaughter, what does ‘diminished responsibility’ refer to?
It refers to a mental condition that impairs the defendant’s ability to understand their actions or to form a rational judgment.
Which Act governs the defense of diminished responsibility in the UK?
The Coroners and Justice Act 2009
True or False: A person can be convicted of voluntary manslaughter if they acted in self-defense.
False
What is the legal consequence of a successful loss of control defense?
It results in a conviction for voluntary manslaughter instead of murder.
Multiple Choice: Which of the following is NOT a recognized partial defense to murder in the UK? A) Loss of control B) Diminished responsibility C) Provocation D) Sudden passion
D) Sudden passion
What must the prosecution prove in a voluntary manslaughter case?
That the defendant intentionally killed the victim but may have had mitigating circumstances.
Fill in the blank: The concept of _____ refers to the defendant’s state of mind at the time of the killing.
Mens rea
What is the primary difference between murder and voluntary manslaughter?
The presence of mitigating factors that reduce liability.
True or False: Provocation can automatically lead to a conviction of voluntary manslaughter.
False
What is the significance of the case R v. Ahluwalia (1992) in voluntary manslaughter?
It established that a delayed reaction to provocation could still amount to a loss of control.
What is a suicide pact in relation to voluntary manslaughter?
An agreement between two or more people to commit suicide together, which can reduce a murder charge to voluntary manslaughter.
Multiple Choice: Which of the following can be a factor in a loss of control defense? A) Anger B) Jealousy C) Fear D) All of the above
D) All of the above
In voluntary manslaughter, what is the burden of proof on the defendant when using a partial defense?
The burden is on the defendant to prove the existence of the mitigating factors.
What role does ‘reasonable person standard’ play in assessing loss of control?
It assesses whether the defendant’s loss of control was reasonable based on the circumstances.
True or False: The jury decides whether the defendant’s actions were a reasonable response to provocation.
True
What is involuntary manslaughter?
Involuntary manslaughter is the unlawful killing of a person without intent to kill or cause serious injury.
What are the two main types of involuntary manslaughter in UK law?
The two main types are unlawful act manslaughter and gross negligence manslaughter.
True or False: Involuntary manslaughter requires the intention to kill.
False.
What must be proven for unlawful act manslaughter?
It must be proven that the defendant committed an unlawful act that was dangerous and caused death.
Fill in the blank: Involuntary manslaughter is typically seen as a __________ offense.
lesser
What does ‘gross negligence’ refer to in the context of involuntary manslaughter?
Gross negligence refers to a serious breach of duty of care that results in death.
What is the legal test for gross negligence manslaughter?
The legal test involves determining whether the defendant’s conduct fell below the standard expected of a reasonable person.
True or False: A person can be convicted of involuntary manslaughter for an accident.
True.
What is the significance of ‘dangerousness’ in unlawful act manslaughter?
The unlawful act must be dangerous to a reasonable person, meaning it must carry a risk of some harm.
What is the maximum sentence for involuntary manslaughter in the UK?
The maximum sentence is life imprisonment.
Name one defense that can be used in involuntary manslaughter cases.
One defense is that the defendant lacked the necessary mens rea (mental state) for the offense.
Fill in the blank: Unlawful act manslaughter does not require proof of __________.
intent
What role does ‘causation’ play in involuntary manslaughter?
Causation must be established to show that the defendant’s actions directly led to the victim’s death.
What is the standard of care expected in gross negligence manslaughter?
The standard is that of a reasonable person in the same circumstances.
True or False: Involuntary manslaughter can only occur in the context of physical harm.
False.
What is the difference between voluntary and involuntary manslaughter?
Voluntary manslaughter involves intent to kill or cause serious harm, while involuntary manslaughter does not.
What is the relevance of the case R v. Lamb to involuntary manslaughter?
R v. Lamb established that the defendant must have committed an unlawful act that is dangerous.
Fill in the blank: A key requirement for gross negligence manslaughter is a __________ of duty of care.
breach
What is the role of foresight in involuntary manslaughter cases?
Foresight refers to whether the defendant could have reasonably foreseen the risk of death or serious injury.
What is the significance of the ‘reasonable person’ standard?
It is used to judge whether the defendant’s actions were negligent or dangerous.
True or False: Involuntary manslaughter requires a specific intent to kill.
False.
What is the role of intoxication in involuntary manslaughter cases?
Intoxication may affect the mens rea but does not negate liability if the act itself was dangerous.
What does the term ‘mens rea’ refer to?
Mens rea refers to the mental state or intent of the defendant at the time of the crime.
What is the difference between direct and indirect causation?
Direct causation means the act directly caused the result, while indirect causation involves intervening factors.
Name a potential mitigating factor in involuntary manslaughter cases.
A potential mitigating factor could be the defendant’s mental health at the time of the act.
What are the four elements of actus reus required legal a murder charge?
The defendant killed
The killing was unlawful
The killing was of a human being
The killing was under the King’s peace
What are the two types of malice aforethought in the MR for murder?
Implied malice aforethought - the intention to kill
Express malice aforethought - the intention to cause gbh
Name a case for factual causation.
R v White - Poisoning mother
R v Pagett - Human Body shield
What does the term “King’s peace” refer to in the context of murder?
Not being in a war, e.g, a regular civilised situation
What is the difference between direct intent and oblique intent?
Direct intent is when the outcome was the D’s direct intent in commiting their act. Oblique intent is surrounding the forseeablity of the consequences of their actions.
How does the thin skull rule apply to murder cases?
The D must take their victim “as they find them” which essentially means there is no defence if the V has a “thin skull”
What is the significance of the case of R v Blackman?
Blackmails was originally convicted of killing someone during a war. However, it was decided this would not amount to murder as it is not under the “King’s peace”
What is the “de minimus” rule in legal causation?
This is whether or not the D’s actions were more than a minimal cause of the death.
Can medical intervention break the chain of causation when looking at a murder trial?
Yes. However, the intervention must be so far removed from D’s actions that this chain is broken. If D’s actions are still the sole cause of the victim’s death, D is still liable.
How does transferred malice operate when the D accidentally harms an unintended victim?
The MR from the intended victim is then transferred to the unintended victim as long as the crime is the same.
How are the outcomes of R v Cheshire and R v Jordan different and why?
In R v Jordan, the medical treatment received was “palpably wrong” and “so independent” that it broke the chain of causation.
However, in R v Cheshire, the complications from the medical treatment only arose due to the pre-existing bullet wound, despite an oversight. Therefore, D was the sole cause.
