Fatal offences against the person cases Flashcards

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1
Q

What is the case where a sweet shop lady was killed by intruder, charged with murder anyways due to GBH intent

A

Vickers 1957

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2
Q

What was thec ase where D had loss of sleep, tired and depressed, and used a shotgun to kill V and fled the scene and LOC was not allowed?

A

Jewell 2014

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3
Q

What are the cases where:
1) Lived in isolated farm, two people broke into it, shot the two people killing one and injuring the other, self defence rejected, Provocation not allowed, DR allowed after appeal. LOC may now apply though.

2) D found wife & V on sofa. Fought. killed both w/ knife. Neither threatened him, so no LOC.

3) D killed baby due to it crying. Crying was provocation. Murder quashed and provocation allowed - would not be justifiable under new law.

4) 94 yo father soiled self. D lost control and killed. LOC not allowed, not extremely grave or justifiable.

A

1) Martin 2002

2) Dawes 2013

3) Doughty 1986

4) Zebedee 2012

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4
Q

What is the cases where…

1) D+D terrorised by ex. DD planned to attack ex but killed him. 5 day gap between original provoking made it revenge, so no LOC.

2) Infidelity part of def, not on its own. Wife cheated on him but also taunted him. Mocked him and threatened to take kids if she just had affair, D couldn’t of used LOC.

A

1) Ibrams & Gregory 1981

2) Clinton 2012

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5
Q

What was the case where it questioned whether an unemployed depressed epileptic taunted would have done the same

What was the case where a Jury could consider army experience causing PTSD

A

1) Gregson 2006

2) Rejmanski 2017

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6
Q

What was the case where D killed two flatmates over argument about hot water. Judge ruled that LOC could not go to jury as although there was evidence he decided no jury could find a reasonable person might have behaved that way.

A

Christian 2018

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7
Q

What is the case where D sexual psychopath and unable to resist, convicted for murder after strangling and doing things with womans body, conviction quashed and replaced with manslaughter by CA.

A

Byrne 1960

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8
Q

What case was:

1)D killed partner, claimed DR. Judge did not explain meaning of substantial. D found guilty of murder. Appeal dismissed so DR not allowed.

2) Held that substantial does not mean total, not trivial or minimal. D killed his wife, had reactive depression, not substantial impairment.

A

1) Golds 2016

2) Lloyd 1967

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9
Q

What is the case where D stabbed gf 63 times. Both binge drinkers. No diminished responsibility as not alcoholic.

A

Dowds 2012

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10
Q

What is the case where D was upset at V for disrespecting late aunt. Killed V. D suffering from adjustment disorder but had whiskey and cider. Convicted then appealed, DR allowed.

A

Dietschmann 2003

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11
Q

Describe the case where D was a paranoid schizophrenic and Drunk/drugged no medical evidence that underlying illness, schizophrenia, serious enough that independent from drunk or drugs it impaired responsibility substantially, so murder upheld.

A

R v Joyce and Kay 2017

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12
Q

What is the case where CA showed more sympathy for D whilst suffering from ADS

A

Wood 2008

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13
Q

What is the case where master of ship sailed knowing engines might fail. Three crew died when engine failed to ensure gas heater was safe.

A

Singh 1999.

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14
Q

What is the case where D agreed to take 60 illegal immigrants to England, closed vent, most died, Conviction of manslaughter upheld in CA, made it clear immigrants could not sue due to being associates in crime.

What is the case where D owned an old disused pub, went into debt and unable to sell pub. Engaged person to help set fire to pub to claim insurance, explosion occurred and killed other person, D convicted for GNM.

A

1) Wacker 2002

2) Willoughby 2004

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15
Q

What ist hec ase where D supplied drugs to gf, didnt do anything ab it, held Jury couldnt be certain that he wouldve stopped her death. NG of GNM.

A

Broughton 2020.

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16
Q

What is the case where:

1) Mr Lowe - low intelligence - did not call doctor for sick child. Child died from dehydration and gross emaciation. Convicted of manslaughter by negligence and wilfuly neglecting a child.

2) Appellant waved razor to frighten Mistress’ lover. Claimed his mistress, drunk, blundered against it and it cut her throat. Conviction upheld, dangerous act so still guilty.

3) Two boys had a gun. Didn’t know it was loaded, and waved it around. D shot V and killed him. Conviction quashed, no intent for assault.

4) A tried to jump queue at Post Office. Elderly man challenged him. A hit old man and pushed him, Old man fell into old lady, who broke her leg and later died. A was convicted and appealed, but it was held that it did not need to be directed at the V.

5) D & V living together. D gave V heroin, who then died due to choking on own vomit whilst under the influence. D convicted and appealed, it was held that as V was a fully informed and consenting adult, this was an intervening act and D therefore had his conviction overturned.

A

1) Lowe 1973
2) Larkin 1943
3) Lamb 1967
4) Mitchell 1983
5) Kennedy 2007