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Law paper 1 > Fatal Offences (CL book 3) > Flashcards

Fatal Offences (CL book 3) Flashcards

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1
Q

MURDER Steps to success

A

intro - define murder - lord coke
1. Unlawful killing, Human, Kings peace
2. Factual and legal causation
3. Intervening acts if relevant
4. MR - direct intent to kill/ GBH
5. MR - oblique intent to kill / gbh and test

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2
Q

MURDER what is an unlawful killing

A

act or omission

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3
Q

MURDER what is the case for unlawful killing

A

gibbins and proctor
starved daughter to death - LBO

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4
Q

MURDER what is classed as a human being

A

not on life support
not a fetus

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5
Q

MURDER what is under the kings peace

A

not at war
looks at KP of victim, not D

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6
Q

MURDER what is the case for kings peace

A

adebolajo
his country was at war, british victim was not
Guilty

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7
Q

MURDER what is the test and case for factual causation

A

but for test
white

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8
Q

MURDER what is the test and case for legal causation

A

culpable act, substantial and operative
Pagett

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9
Q

MURDER what are the levels of MR

A

DI to kill
DI for GBH
OI to kill
OI for GBH

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10
Q

MURDER case for OI and it’s test

A

Woolin
1. death / harm was virtually certain
2. d knew death/ harm was virtual certainty

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11
Q

DIMINISHED RESPONSIBILTY Steps to success

A

intro - define DR - s.2 HA 1957
1. abnormality of mental functioning
2. recognised medical condition
3. substantial impairment
4. S.1(b) HA - provides explanation
5. Intoxication if relevant

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12
Q

DIMINISHED RESPONSIBILTY what act is it under

A

S.2 of the homocide act 1957

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13
Q

DIMINISHED RESPONSIBILTY what act was it amended by

A

S.52 coroners and justice act 2009

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14
Q

DIMINISHED RESPONSIBILTY what is the test for abnormal mental functioning

A

so different from ordinary human being that ORP would deem it abnormal

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15
Q

DIMINISHED RESPONSIBILTY what is the case for abnormal mental functioning

A

Byrne
sexual psycopath

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16
Q

DIMINISHED RESPONSIBILTY what counts as a recognised medical condition

A

any condition recognised by the WHO

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17
Q

DIMINISHED RESPONSIBILTY what are the 2 cases for recognised medical condition

A

Brown - adjustment disorder from divorce
Ahluwalia - battered wife syndrome

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18
Q

DIMINISHED RESPONSIBILTY what are the 3 types of substantial impairment that they must meet ONE of

A
  1. understand nature and conduct of their actions
  2. make rational judgment
  3. have self control
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19
Q

DIMINISHED RESPONSIBILTY what is the case for substantially impaired

A

Yorkshire ripper
he had schizophrenia

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20
Q

DIMINISHED RESPONSIBILTY what does s.1(b) provides explanation mean

A

must be a causal link between ds mental abnormality and the killing

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21
Q

DIMINISHED RESPONSIBILTY what happens if the D kills and is intoxicated

A

just drunk - no defence
drunk and rmc/ amf - remove drunk and look at condition alone
alcohol dependency - is a rmc

22
Q

DIMINISHED RESPONSIBILTY what is the case for being intoxicated

A

dietschmann
attachment disorder
defence succeeded

23
Q

LOSS OF CONTROL steps to success

A

intro - define - s.54 CJA 2009 - partial defence
1. loss of self control
2. qualifying trigers
3. fear and anger
4. standard of control
5. restrictions

24
Q

LOSS OF CONTROL what section and act is it under

A

s.54 and s.55 of the coroners and justice act 2009

25
Q

LOSS OF CONTROL what is the meaning of loss of control

A

loss of ability to act with normal powers of reasoning

26
Q

LOSS OF CONTROL what is the case for loss of control

A

Jewell

27
Q

LOSS OF CONTROL what are the 2 qualifying triggers

A

fear and anger

28
Q

LOSS OF CONTROL what is the rule for fear

A

must fear serious violence against from V themselves or another

29
Q

LOSS OF CONTROL what is the rule for anger

A

at things said or done
extremely grave in character
justifiable sense of being wronged

30
Q

LOSS OF CONTROL what are the 2 cases for qualifying triggers

A

Dawes - found ex w new partner
Zebedee - killed dad with alzheimers

31
Q

LOSS OF CONTROL what is the normal person test

A

person with normal degree of tolerance and self restraint
how they’d reacts in ds circumstance

32
Q

LOSS OF CONTROL what is the case for normal person test

A

camplin
boy who’d been raped

33
Q

LOSS OF CONTROL what are the restrictions that this defence can’t be used for

A

revenge
sexual infidelity
self induced ( if d starts fight)

34
Q

UNLAWFUL ACT MANSLAUGHTER Steps to success

A

intro - common law defence - define
1. unlawful act
2. dangerous
3. causation
4. intervening acts if relevant
5. MR for unlawful act

35
Q

UNLAWFUL ACT MANSLAUGHTER what is UAM

A

when d does an unlawful act that causes the death of V. but they didn’t have intention to kill

36
Q

UNLAWFUL ACT MANSLAUGHTER what can the unlawful act be

A

must be act not omission

37
Q

UNLAWFUL ACT MANSLAUGHTER what is the case for unlawful act

A

Larkin
waving razor - assult

38
Q

UNLAWFUL ACT MANSLAUGHTER what is the test for dangerous

A
  1. would SRP see it as dangerous
  2. would SRP see risk of some harm
39
Q

UNLAWFUL ACT MANSLAUGHTER what are the 2 cases for dangerous

A

church - threw unconscious v in river
goodfellow - set house on fire

40
Q

UNLAWFUL ACT MANSLAUGHTER what is the MR for uam

A

must have intention for the unlawful act

41
Q

UNLAWFUL ACT MANSLAUGHTER what is the case for MR

A

newbury and jones
threw rock off bridge

42
Q

GROSS NEGLIGENCE MANSLAUGHTER Steps to success

A

intro - explain ordinary rules of negligence - adomako
1. duty of care
2. breach of duty
3. obvious risk of death
4. causation
5. grossly negligent

43
Q

GROSS NEGLIGENCE MANSLAUGHTER what is the main case for gnm

A

adomako - oxygen pipe

44
Q

GROSS NEGLIGENCE MANSLAUGHTER what is the rule for duty of care

A

failure can’t amount to gnm, unless there’s a pre existing duty of care
e.g
omissions,
statute
precendent

45
Q

GROSS NEGLIGENCE MANSLAUGHTER what is the rule for breach of duty

A

d must breach their duty , making death occur
judged against competent person of their profession

46
Q

GROSS NEGLIGENCE MANSLAUGHTER what is the case for breach of duty

A

Evans
family let v overdose

47
Q

GROSS NEGLIGENCE MANSLAUGHTER what is the rule for obvious risk of death

A

at the time of the breach, there must be an obvious risk of death.

jury decide if ORP with same role would’ve foreseen obvious risk

48
Q

GROSS NEGLIGENCE MANSLAUGHTER what is the case for obvious risk of death

A

Rose
optician

49
Q

GROSS NEGLIGENCE MANSLAUGHTER how do they decide if D caused the death

A

factual
legal
intervening acts

50
Q

GROSS NEGLIGENCE MANSLAUGHTER what is the case for caused the death

A

Broughton
didn’t get overdosing v help. NG she would’ve died anyway

51
Q

GROSS NEGLIGENCE MANSLAUGHTER what is the test for grossly negligent

A

JURY DECIDE:
1. disregard for life
2. grossly negligent, making it criminal
3. truly exceptionally bad conduct

52
Q

GROSS NEGLIGENCE MANSLAUGHTER what is the case for grossly negligent

A

misra
doctors didn’t give basic aftercare from surgery

Law paper 1 (10 decks)

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