fatal offences against the person

Question 1

state the definition of murder

Answer 1

“unlawful killing of reasonable person under King’s peace with malice aforethought, express or implied”

Question 2

what is meant by the expression ‘malice aforethought’?

Answer 2

• intention to kill or cause GBH

Question 3

expain the difference between voluntary and involuntary manslaughter

Answer 3

• voluntary - D satisfies both AR and MR for murder
• involuntary - unlawful killing without MR for murder

Question 4

state the qualifying triggers for loss of control

Answer 4

• fear of serious violence
• things said or done which consituted grave character
• things said or done causing sense of being wronged

Question 5

who is the burden of proof on in the defence to diminished reponsibility?

Answer 5

the defence
* D only needs to prove the balance of probabilities

Question 6

explain the 4 stage test for diminished responsibility

Answer 6

1. if D was suffering from abnormality of mental functioning
2. if it rose from recognised medical condition
3. if it substantially impaired ability to understand nature of conduct, form rational judgement or exercise self-control
4. if it provided an explanation for their conduct

Question 7

what is the mens rea for unlawful act manslaughter?

Answer 7

• the mens rea for the unlawful act committed
• not necessary for D to know act is unlawful or dangerous

Question 8

state the elements of the offence of gross negligence manslaughter

Answer 8

• existence of duty of care by D towards V
• breach of duty which causes death
• gross negligence, jury considers to be so bad as to be criminal

Question 9

state 3 examples of situations that could permit a change of GNM

Question 10

what is the meaning of ‘gross’ in gross negligence manslaughter?

Answer 10

• jury must conclude reasonably prudent person would have foreseen risk of death