fatal offences Flashcards
Definition of murder
unlawfull killing of a reasonable person in being under the kings peace with malice aforethought - Sir Edward Coke
what is meant by the unlawful killing
Actus Reus
not in prevention of a crime, war, doctors withdrawing treatment
murder must be the cause of death ( r v white)
what is a reasonale person in being
foetus in the womb- A-G REF NO.3 OF 1994
brain dead no stem activity - R v Malcherek
under the kings peace
actus reus
not killing the enemy in war time
what is the mens rea for murder
malice aforethought- intent to kill ( r v moloney)
implied malice aforethough- intent to cause gbh ( R v Vickers)
what are the two types of voulantry manslaughter
diminished responsibility and loss of control
definition of diminished resposibility
1) a person who kills or is party to the killing of another is not to be convicted if murder if D was suffering from an abnormality of mental functioning
-a) arose from a recongised medical condition
b) substainally impaired D’s ability ro do one or more of the things in subsection (1a) and
c) provides an explanation for d’s acts and amossing in doing or being a party to the killing
homicide act 1957 s.2
what is subsection 1a
(a) to understand the nature of D’s conduct
(b) to form a ratinol judgement
(c) to exercise self control
what is ann abnoraility of mental function
D’s mental function was so differing to that of an ordinary being that reasonable person would term it abnormal ( R v Bryne)
what are some recongised mental conditions from; R v Bryne, R v Vinagre, E v Ahluwalia, R v Gittens
physcopathy, extreme jealously, battered woman syndrome, depression
what does it mean by substanitslly impaired
is not defined, bryne says its down to the jury
provides an explanation for D’s acts
- does not need to be the main factor but must be significant.
what if d is voulantry intoxicated
R v Di Duca states that not an abnormality of mental function
what if disregarding the alcohol the abnormality would still have led to the same outcome?
it can be used R v Dietschmann
however if the defendant suffered with alcohol dependence syndrome
the defence is still available R v Woods
what is the defintion of a loss of control
- D’s acts and omissions in killing or being a party to killing resulted from D’s loss of control
- the loss of control had a qualifying trigger and
- a person of the similar charectertistcs and cicrumstances , might have reacted in the same or similar way
S54 (1) coroners and justice act 2009
what is a loss of control
-D’s to have lost the their ability to act in accordance with their judgement
- D must have lost there normal powers of reasoning
-D’s behvaiour was atypical out of characterand normall they would have never acted this way
what are two elements of the loss of control
is must be a complete loss of control ( R v Jewell)
doesnt have to be sudden ( R v Ahluwalia)
what are the two types of qualifying triggers
fear of serious violence (R v Dawes)
things said or done of exterme grace character( R v Zebedee)
what is not a qualifying trigger
sexual infidelity ( R v Clinton)
desire for revenge(R v Baillie)
what is the definition of unlawful act manslaughter
when the defendant commits an unlawful and dangerous act which is a crime and causes death
what is meant by a similar person would react in a similar way
this is an objective test for the jury to consider ( R v Rejmanski)
what is meant by unlawful
must be a criminal act and cant be a civil offence - R v Franklin
all the elements of the crimnal act must be present R v Lamb
what is meant by an act
must be an act not an omission
r v lowe
what is meant by obectively dangerous
- all sober and reasonable people would recongize that the acts would cause some harm ( r v church
- some harm has to be forseeable( r v JM and SM)
- must be physical harm ( r v daswon)
- the act does not need to be directed towards the victim ( r v larkin)
what does it mean by causes the death
legal and factual causation ( R v white/ R v Hughes)
drugs are an intervening act ( R v Kennedy)
what is the mens rea for unlawful act manslaughter
must prove the mens rea for the unawful act
dpp v newbury and jones
what is the definition of gross negligence manslaughter
when the defendants owes some firm of duty of care to the victimbut the duty is broken and the victim dies as a result
what elements did R v Adomako set out
- the existence of a duty of care by the defendant to the victim ( R v Singh)
- an act or omission in breach of that duty ( R v Litchfield)
- which creates a serious and obvious risk of death- R v Misra and Srivasstava) is it obvious that failing to uphold your duty of care in the particular way would have carried the risk of death
- and causes the death, causation R v Broughton
- the whole must amount to gross negligence R v Cooke
what is the definition of gross negligence manslaughter
such disregard for the life ans safety of others as to amount to a crime against rhe state and conduct deserving punishment
