Fatal Offences

Question 1

Murder

Answer 1

AR: Unlawful killing of another human being (R v Coke)
MR: Intent to kill or cause GBH.

Question 2

Causation

Answer 2

Factual - “but for test” (R v White)
Legal - 1) the culpable act need not be the sole or main cause but must be more than minimal (Pagett), 2) the accused must take the victim as he finds him (Blau), 3) the chain of causation must not be broken (Cheshire).

Question 3

Voluntary Manslaughter

Answer 3

This offence occurs when an accused successfully proves “loss of control” as a defence for murder.

Question 4

Loss of Control

Answer 4

S.54 Coroners and Justice Act 2009 - D’s actions resulted from a loss of self control, which had a qualifying trigger and a person of D’s sex and age with a normal degree of tollerance might have reacted in the same or similar way.

Question 5

Diminished Responsibility

Answer 5

Homicide Act 1957 S.2 - Suffering from an abnormality of the mind arising from a recognised medical condition which substantially impaired D’s ability to a) understand the nature of his conduct, or b) form a rational judgement, or c) exercise self control.