Fatal Offenses

Question 1

What are the three steps to test for VM Loss of Control?

What statute defines this?

Answer 1

1) Loss of self control
2) Qualifying Trigger
3) Compare D to reasonable person

s.54 Coroners and Justice Act 2009

Question 2

Describe Step one of VM Loss of control with cases.

Answer 2

• Must be total loss of control; ‘Snapped’
• Doesn’t have to be sudden
• R v Jewell - The greater the deliberation, the lower likelihood of the defence succeeding.

Question 3

Describe Step 2 of VM Loss of Control.

Answer 3

• ## Must be a qualifying trigger: Fear/Things Said or Done.

Question 4

What are the Qualifying Triggers for VM Loss of Control?

Answer 4

• Fear of Violence (s.55 (3) CJA 2009).
• R v Ward - can be fear against D or other specified person.
• Things Said or Done (s.55 (4) CJA 2009).
• R v Clinton - disregard sexual infidelity.

Question 5

Describe Step 3 of VM Loss of Control.

Answer 5

• Compare D’s actions to that of a reasonable person of D’s sex/age.
• R v Rejmanski - Other factors used in consideration in specific circumstances.

Question 6

What are the 4 steps to test for VM Diminished Responsibility?

Answer 6

1) Abnormality of Mental Function
2) Recognised Medical Condition
3) Substantial Impairment
4) Explains D’s act/omission in killing

Question 7

Describe Step 1 in VM Diminished Responsibility.

Answer 7

Abnormality of Mental Function
- Defined through common law:
- R v Byrne: “State of mind so different from that of ordinary human being that a reasonable man would term it abnormal”

Question 8

Describe Step 2 of VM Diminished Responsibility.

Answer 8

Recognised Medical Condition
-Abnormality must be caused by medical condition recognised by WHO (World Health Organisation)

Question 9

Describe Step 3 of VM Diminished Responsibility with cases.

Answer 9

Substantial Impairment in one of three ways:
- Understanding nature of own conduct: R v Conroy (ASD sexual assault)
- Form Rational Judgement
- Exercise self control

R v Golds - Substantial is ‘important’ or ‘weighty’

Question 10

Describe Step 4 of VM Diminished Responsibility.

Answer 10

Explains D’s Act/Omission in Killing
- Abnormality must be substantial
- there can be other factors involved

Question 11

What are the 5 steps to test for Gross Negligence Manslaughter (GNM)?

Defined in which cases?

Answer 11

Test from Adomako, restated in Broughton
1) D owes Duty of Care
2) D breaches duty
3) There is foreseeable risk of death at time of
4) Causation
5) Gross?

Question 12

Describe Step 1 of GNM with cases

Answer 12

D owes V a Duty of Care
- Adomako

Question 13

Describe Step 2 of GNM with cases

Answer 13

D breaches Duty of Care
- Can be act or omission: Adomako/Broughton

Question 14

Describe Step 4 of GNM with cases

Answer 14

Causation: Factual and Legal
- ‘But For Test’ - Pagett
- Substantial - Cheshire
- Operating - Jordan
- Chain of causation - Blaue
- Novus Actus Interveniens

Question 15

Describe step 5 of GNM with cases

Answer 15

Grossness - Justifies Criminal Sanction?
- ‘Gross’, Disregard for the life/safety of others as to amount to a crime
- Adomako

Question 16

What are the 4 steps to test for Unlawful Act Manslaughter (UAM) ?

Answer 16

1) D commits unlawful act (AU)
2) UA is objectively dangerous
3) UA causes death of victim (Causation)
3) D has MR for initial UA

Question 17

Describe Step 1 of UAM with cases

Answer 17

• D must commit an Unlawful Act - R v Lamb
• Cannot be omission - R v Lowe/Goodfellow

Question 18

Describe Step 2 of UAM with cases

Answer 18

Must be Objectively Dangerous - R v Church
- (Would reasonable man see risk of harm?)

• R v Larkin: Wife falls/dies on razor after man threats other man

Question 19

Describe Step 3 of UAM with cases

Answer 19

UA causes death of Victim - R v Kennedy
- (D supplies heroin. V inject themselves. D not guilty)

Factual + Legal Causation

Question 20

Describe step 4 of UAM with cases

Answer 20

D has MR of initial UA - Newbury and Jones

• Transferred malice applies - R v Mitchell

Question 21

What is the definition of Murder?
How is it defined?

Answer 21

Define through Common Law - Lord Cokes definition 1797:
- “The unlawful Killing of a reasonable human being, under the Kings peace, with malice aforethought, express or implied.”

Question 22

Define unlawful killing with cases

Answer 22

• D causes death of V without legal permission - Re A (Conjoined Twins)
• Positive act
• Omission - Gibbins and Proctor

Question 23

Define Reasonable person in being with cases

Answer 23

• A human who is Alive
• Cannot be a foetus - AG’s Ref no 3 1994
• Cannot murder someone who is already dead - Malcherek (doesn’t break causation chain)

Question 24

Define Under the Kings peace with cases

Answer 24

The unlawful killing when not in a war circumstance - R v Page

Question 25

Define Malice Aforethought, Express or Implied. With cases

Answer 25

The intention to cause harm
- Express: To cause Death
- Implied: To cause GBH - R v Vickers

Question 26

Define direct and oblique intention with cases

Answer 26

• Direct Intent: D intends consequence of their AR
• chances of consequence of D’s AR is virtual certainty (Objective) but does D appreciate that (Subjective) - R v Woollin

Question 27

Murder and Transferred Malice, with cases

Answer 27

Transferred Malice applies to Murder - Gnango