Fatal Offences Against The Person Flashcards
Q: What is the definition of murder?
A: ‘The unlawful killing of a human being under the Queen’s peace, with malice aforethought (intention to kill or cause GBH).’ – Lord Coke
Q: What are the two types of intent for murder?
Direct intention – The defendant aims to kill (R v Mohan (1975)).
Oblique intention – Death is a virtually certain consequence (R v Woollin (1998)).
Q: Which case confirmed that intention to cause GBH is sufficient for murder?
A: R v Vickers (1957) – A burglar beat an elderly woman, causing death. Intent to cause serious harm was enough for murder.
Q: What Act governs loss of control?
A: s54-55 Coroners and Justice Act 2009.
Q: What are the three elements of loss of control?
Loss of self-control – must be total (R v Jewell (2014)).
Qualifying trigger – e.g., fear of serious violence (R v Ward (2012)) or things said/done of an extremely grave nature (R v Zebedee (2012)).
Person of the defendant’s sex and age would have reacted the same way (R v Camplin (1978)).
Q: What Act governs diminished responsibility?
A: s52 Coroners and Justice Act 2009.
Q: What are the three elements of diminished responsibility?
Abnormality of mental functioning (R v Byrne (1960) – sexual psychopath).
Recognised medical condition (R v Ahluwalia (1992) – battered woman syndrome).
Substantially impairs ability to understand conduct, form rational judgment, or exercise self-control (R v Lloyd (1967) – ‘substantial’ means more than trivial).
Q: What are the four elements of unlawful act manslaughter?
Unlawful act – must be a criminal act (R v Lamb (1967) – no assault, no manslaughter).
Dangerous act – Must be objectively dangerous (R v Church (1966) – ‘sober and reasonable person’ test).
Causes death – Chain of causation applies (R v Kennedy (2007) – self-injection breaks causation).
Mens rea for the unlawful act – No need to foresee death (R v Newbury and Jones (1976)).
Q: What case established gross negligence manslaughter?
A: R v Adomako (1994) – An anaesthetist failed to notice an oxygen tube had been disconnected, causing death.
Q: What are the elements of gross negligence manslaughter?
Duty of care (R v Singh (1999) – landlord had a duty to tenants).
Breach of duty (R v Litchfield (1998) – ship captain ignored engine warnings).
Breach caused death (R v Wacker (2002) – lorry driver carrying immigrants).
Grossly negligent (so bad it is criminal).
