Fatal Offences: Murder, Voluntary Manslaughter, Involuntary Manslaughter (P1) Flashcards
What is the AR for murder?
The unlawful killing of a reasonable creature in being and under the Queen’s Peace. It has to be proved that the defendant killed a reasonable creature in being, under the Queen’s Peace and the killing was unlawful.
What is the MR for murder?
‘malice aforethought, express or implied’. This means that there are two different intentions, either of which can be used to prove the defendant guilty of murder: express malice aforethought, which is an intention to kill, or implied malice aforethought, which is intention to cause GBH.
What is the template for murder?
Prima facie, the D could be charged with murder which is defined as ‘unlawful killing with malice aforethought’. Coke’s definition. The AR of murder is unlawful killing of a reasonable creature in being and under the Queen’s Peace. This can be an act or omission. Murder is a result crime so it must be shown that the defendant’s conduct caused death. Write about causation if necessary: The prosecution must first establish factual causation go through but fr test. The prosecution must also prove that the defendant legally caused the victim’s death. Was the D’s conduct an operating and significant factor in the V’s death, R v Smith ? Were there any intervening acts which broke the chain of causation?
The MR of murder as originally defined by Coke is malice aforethought. This has been updated by case law to mean intention to kill or cause GBH, R v Vickers. Intention can be direct which is where the D intends and wants the result of death or GBH as in R v Gregory and Mott. It can also be indirect or oblique. R v Woolin states that a jury can find indirect intention if the death or GBH was a virtually certain result of the D’s actions and he appreciated this.
What is loss of control?
Loss of control is a partial defence to a charge of murder. If it is successful, the D will be found guilty of voluntary manslaughter instead of murder.
What test is applied in Loss of Control?
in R v Dawes the CoA confirmed the following, ‘provided there was a loss of control it does not matter whether the loss was sudden or not’. R v Jewell, ‘a loss of ability to act in accordance with considered judgment or loss of normal powers of reasoning’
What are the three requirements for loss of control?
a) D’s act and omissions in doing or being a party to the killing resulted from D’s loss of self-control R v Ward
b) The loss of self-control had a qualifying trigger R v Zebedee, R v Clinton
c) A person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D R v Gregson
What is sufficient enough for a qualifying trigger under section section 55?
whether things said or done were of an extremely grave character which gave the D a justifiable sense of being wronged. Sexual infidelity is not a trigger, apart from R v Clinton
What is the first requirement for the potential defence of Diminished Responsibility?
The D must have an abnormality of mental functioning of mind which was described in R v Byrne as a state of mind so different to from that of an ordinary human being that the reasonable man would term it abnormal.
What is the second requirement for diminished responsibility?
The conduct must have came from a recognised medical condition
What is the third requirement for Diminished Responsibility?
The abnormality of mental functioning has to be enough to substantially impair the D’s responsibility for their actions. The jury look at the degree to which the D was unable to understand the nature of their conduct, or to form a rational judgement or to exercise self control. R v Golds confirms that the meaning of substantial should be left to the jury. If alcohol is involved: Intoxication must generally be disregarded. R v Dietsmann confirmed that the relevant question for the jury would be ‘Despite intoxication would the abnormality of mind have substantially impaired’
What is the last requirement for Diminished Responsibility?
D must show that the abnormality of mental functioning provided an explanation for the D’s conduct. The defence will not succeed where the D’s mental condition made no difference to their conduct.
When can a D be charged with the offence of involuntary manslaughter ? (unlawful act manslaughter)
When he has committed an unlawful and dangerous act that caused death.
What is the AR of Unlawful Act Manslaughter?
D must have committed an unlawful act. The AR for this offence is the AR for unlawful act manslaughter. Eg. assault, battery, ABH, GBH
How dangerous does the act have to be?
it is an objective test based on what the reasonable juror believes is dangerous, R v Church. The COA said that an act was dangerous if it was such that all reasonable people would inevitably recognise must subject the other person to a risk of some harm. albeit not serious harm. The reasonable man has the same knowledge as the defendant, R v Watson
What is the MR of unlawful act manslaughter?
The MR for which ever offence was committed, DPP v Newbury and Jones
