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Law A-Level > Fatal Offences > Flashcards

Fatal Offences Flashcards

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1
Q

What is the definition of ‘homicide’ in law?

A

The unlawful killing of a human being under the King’s peace.

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2
Q

True or False: Murder is classified as a fatal offence.

A

True.

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3
Q

What are the two main types of homicide?

A

Murder and manslaughter.

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4
Q

Fill in the blank: The mens rea for murder is _____.

A

malice aforethought.

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5
Q

What is ‘voluntary manslaughter’?

A

A killing that would be murder but for the presence of a recognized mitigating factor.

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6
Q

Name one defense that can reduce murder to voluntary manslaughter.

A

Loss of control or diminished responsibility.

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7
Q

What is ‘involuntary manslaughter’?

A

A killing that occurs without intent to kill or cause serious harm.

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8
Q

True or False: All forms of manslaughter require proof of intent.

A

False.

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9
Q

What is the key difference between murder and manslaughter?

A

Murder involves intent to kill or cause serious harm, while manslaughter does not.

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10
Q

What is meant by ‘malice aforethought’?

A

The intention to kill or cause serious injury before the act.

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11
Q

What is the penalty for murder in the UK?

A

Life imprisonment.

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12
Q

Fill in the blank: The actus reus of murder is _____.

A

the unlawful killing.

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13
Q

What is ‘constructive manslaughter’?

A

A form of manslaughter that arises from an unlawful act that is dangerous and results in death.

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14
Q

True or False: A person can be charged with murder if they kill someone in self-defense.

A

False, if self-defense is proven.

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15
Q

What is the ‘reasonable person test’ in the context of provocation?

A

A standard used to determine if a reasonable person would have reacted similarly under provocation.

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16
Q

What constitutes ‘diminished responsibility’?

A

A mental condition that impairs a person’s ability to understand their actions or form intent.

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17
Q

What is the significance of the ‘year and a day rule’?

A

Historically, it limited the time frame within which a homicide could be prosecuted.

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18
Q

Fill in the blank: A ‘killing’ must result in the death of a _____ human being.

A

living.

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19
Q

What is ‘causation’ in fatal offences?

A

The requirement to prove that the defendant’s actions directly caused the death.

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20
Q

True or False: A defendant can be liable for murder if they acted recklessly.

A

True, if it shows malice aforethought.

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21
Q

What is the role of ‘intention’ in establishing murder?

A

Intention is crucial to proving the mens rea for murder.

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22
Q

What type of homicide is characterized by a lack of intent?

A

Manslaughter.

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23
Q

What does ‘actus reus’ refer to?

A

The physical act of committing a crime.

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24
Q

Fill in the blank: ‘Gross negligence manslaughter’ requires a breach of a _____ duty.

A

duty of care.

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25
Q

What is the maximum sentence for involuntary manslaughter?

A

There is no maximum sentence; it can vary based on circumstances.

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26
Q

What is ‘felony murder’?

A

A legal rule that allows a defendant to be charged with murder if someone dies during the commission of a felony.

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27
Q

What is voluntary manslaughter?

A

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.

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28
Q

True or False: Voluntary manslaughter requires a premeditated intent to kill.

A

False

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29
Q

What are the three key elements that can reduce murder to voluntary manslaughter?

A

Loss of control, diminished responsibility, and suicide pact.

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30
Q

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.

A

Loss of control

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31
Q

In the context of voluntary manslaughter, what does ‘diminished responsibility’ refer to?

A

It refers to a mental condition that impairs the defendant’s ability to understand their actions or to form a rational judgment.

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32
Q

Which Act governs the defense of diminished responsibility in the UK?

A

The Coroners and Justice Act 2009

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33
Q

True or False: A person can be convicted of voluntary manslaughter if they acted in self-defense.

A

False

34
Q

What is the legal consequence of a successful loss of control defense?

A

It results in a conviction for voluntary manslaughter instead of murder.

35
Q

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

A

D) Sudden passion

36
Q

What must the prosecution prove in a voluntary manslaughter case?

A

That the defendant intentionally killed the victim but may have had mitigating circumstances.

37
Q

Fill in the blank: The concept of _____ refers to the defendant’s state of mind at the time of the killing.

A

Mens rea

38
Q

What is the primary difference between murder and voluntary manslaughter?

A

The presence of mitigating factors that reduce liability.

39
Q

True or False: Provocation can automatically lead to a conviction of voluntary manslaughter.

A

False

40
Q

What is the significance of the case R v. Ahluwalia (1992) in voluntary manslaughter?

A

It established that a delayed reaction to provocation could still amount to a loss of control.

41
Q

What is a suicide pact in relation to voluntary manslaughter?

A

An agreement between two or more people to commit suicide together, which can reduce a murder charge to voluntary manslaughter.

42
Q

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

A

D) All of the above

43
Q

In voluntary manslaughter, what is the burden of proof on the defendant when using a partial defense?

A

The burden is on the defendant to prove the existence of the mitigating factors.

44
Q

What role does ‘reasonable person standard’ play in assessing loss of control?

A

It assesses whether the defendant’s loss of control was reasonable based on the circumstances.

45
Q

True or False: The jury decides whether the defendant’s actions were a reasonable response to provocation.

A

True

46
Q

What is involuntary manslaughter?

A

Involuntary manslaughter is the unlawful killing of a person without intent to kill or cause serious injury.

47
Q

What are the two main types of involuntary manslaughter in UK law?

A

The two main types are unlawful act manslaughter and gross negligence manslaughter.

48
Q

True or False: Involuntary manslaughter requires the intention to kill.

A

False.

49
Q

What must be proven for unlawful act manslaughter?

A

It must be proven that the defendant committed an unlawful act that was dangerous and caused death.

50
Q

Fill in the blank: Involuntary manslaughter is typically seen as a __________ offense.

A

lesser

51
Q

What does ‘gross negligence’ refer to in the context of involuntary manslaughter?

A

Gross negligence refers to a serious breach of duty of care that results in death.

52
Q

What is the legal test for gross negligence manslaughter?

A

The legal test involves determining whether the defendant’s conduct fell below the standard expected of a reasonable person.

53
Q

True or False: A person can be convicted of involuntary manslaughter for an accident.

A

True.

54
Q

What is the significance of ‘dangerousness’ in unlawful act manslaughter?

A

The unlawful act must be dangerous to a reasonable person, meaning it must carry a risk of some harm.

55
Q

What is the maximum sentence for involuntary manslaughter in the UK?

A

The maximum sentence is life imprisonment.

56
Q

Name one defense that can be used in involuntary manslaughter cases.

A

One defense is that the defendant lacked the necessary mens rea (mental state) for the offense.

57
Q

Fill in the blank: Unlawful act manslaughter does not require proof of __________.

A

intent

58
Q

What role does ‘causation’ play in involuntary manslaughter?

A

Causation must be established to show that the defendant’s actions directly led to the victim’s death.

59
Q

What is the standard of care expected in gross negligence manslaughter?

A

The standard is that of a reasonable person in the same circumstances.

60
Q

True or False: Involuntary manslaughter can only occur in the context of physical harm.

A

False.

61
Q

What is the difference between voluntary and involuntary manslaughter?

A

Voluntary manslaughter involves intent to kill or cause serious harm, while involuntary manslaughter does not.

62
Q

What is the relevance of the case R v. Lamb to involuntary manslaughter?

A

R v. Lamb established that the defendant must have committed an unlawful act that is dangerous.

63
Q

Fill in the blank: A key requirement for gross negligence manslaughter is a __________ of duty of care.

A

breach

64
Q

What is the role of foresight in involuntary manslaughter cases?

A

Foresight refers to whether the defendant could have reasonably foreseen the risk of death or serious injury.

65
Q

What is the significance of the ‘reasonable person’ standard?

A

It is used to judge whether the defendant’s actions were negligent or dangerous.

66
Q

True or False: Involuntary manslaughter requires a specific intent to kill.

A

False.

67
Q

What is the role of intoxication in involuntary manslaughter cases?

A

Intoxication may affect the mens rea but does not negate liability if the act itself was dangerous.

68
Q

What does the term ‘mens rea’ refer to?

A

Mens rea refers to the mental state or intent of the defendant at the time of the crime.

69
Q

What is the difference between direct and indirect causation?

A

Direct causation means the act directly caused the result, while indirect causation involves intervening factors.

70
Q

Name a potential mitigating factor in involuntary manslaughter cases.

A

A potential mitigating factor could be the defendant’s mental health at the time of the act.

71
Q

What are the four elements of actus reus required legal a murder charge?

A

The defendant killed
The killing was unlawful
The killing was of a human being
The killing was under the King’s peace

72
Q

What are the two types of malice aforethought in the MR for murder?

A

Implied malice aforethought - the intention to kill
Express malice aforethought - the intention to cause gbh

73
Q

Name a case for factual causation.

A

R v White - Poisoning mother
R v Pagett - Human Body shield

74
Q

What does the term “King’s peace” refer to in the context of murder?

A

Not being in a war, e.g, a regular civilised situation

75
Q

What is the difference between direct intent and oblique intent?

A

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.

76
Q

How does the thin skull rule apply to murder cases?

A

The D must take their victim “as they find them” which essentially means there is no defence if the V has a “thin skull”

77
Q

What is the significance of the case of R v Blackman?

A

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”

78
Q

What is the “de minimus” rule in legal causation?

A

This is whether or not the D’s actions were more than a minimal cause of the death.

79
Q

Can medical intervention break the chain of causation when looking at a murder trial?

A

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.

80
Q

How does transferred malice operate when the D accidentally harms an unintended victim?

A

The MR from the intended victim is then transferred to the unintended victim as long as the crime is the same.

81
Q

How are the outcomes of R v Cheshire and R v Jordan different and why?

A

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.

Law A-Level (12 decks)

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