Fatal Offences Flashcards
Murder- definition
The unlawful killing of a reasonable creature in being, under the kings peace, with malice aforethought expressed or implied- definition by lord coke
Murder- ar- unlawful killing
The unlawful killing can be a positive act (ex- shooting, stabbing) or an omission (ex- gibbons and proctor)
A killing is not murder if it is deemed lawful (Re A- operating to save one patients life)
Murder- ar- human being
Human life begins once a child is able to live independently outside the womb (AGs ref no.3 1994)
Murder-ar- kings peace
If killed a soldier at a time of war it will not amount to the ar of murder.
If there is no war, the ar has been satisfied- r v page
Murder- causation
Legal- r v white, but for test
Factual- r v smith, minimal and substancial cause
Murder- novus actus intervenus (only if mentioned)
- act of a third party, substancial and more than a minimal cause, r v smith
- vs own actions, wont break causation if reasonably foreseeable, r v Robert’s
- acts of god
- thin skull rule, must take the v as they are found, r v blaue
Murder- mr- two types?
Malice aforethought expressed or implied
Murder- mr
Expressed malice- where d intends to kill v
Implied malice- where d intends to cause gbh
Then…
Direct intent- aims/ desires vs death
Oblique intent- bs death is virtually certainty to ds actions and d realises this
Murder- mr direct intent case
R v mohan
Murder- mr oblique intent case
R v woolin
Voluntary manslaughter- deminished responsibility- definition
S2 homocide act 1957 and amended by s52 coroners and justice act 2009
D was suffering a abnormality of mental functioning from a recognised medical condition which substantially impaired his ability, providing a explanation to the ds acts in killing
Voluntary manslaughter- diminished responsibility- is it a full or partial defence
Partial defence to a charge of murder
Voluntary manslaughter- diminished responsibility- abnormality of mental functioning
Accuser must suffer from an abnormality of mental functioning which is established through medical evidence
Brye- ‘a state of mind so different from a ordinary human, that a reasonable man would term it as abnormal‘
Deminished responsibility- Arises from a recognised medical condition s52(1)(a)
Recognised by psychiatrists according to an internationally defined list . Must be medically proven.
Sexual psychopath: brye
Chronic Depression:seers
Premenstrual tension: smith
Battered with syndrome: ahluwalia
Mental deficiency: speake
Post natal depression: Reynolds
Alcohol dependency: wood
