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Criminal LAW > Homicide > Flashcards

Homicide Flashcards

1
Q

UAM is governed by?

A

A range of common laws

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2
Q

UAM: the D had committed a crime and not a tort

A

Franklin

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3
Q

UAM: the unlawful act is a positive act

A

Lowe

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4
Q

UAM: the D must satisfy all of the elements of the unlawful act

A

Lamb

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5
Q

UAM: the D act is objectively dangerous if the reasonable and sober person foresees a risk of harm from their conduct

A

Church

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6
Q

UAM: objectively dangerous act doesn’t have to be aimed at the V

A

Larkin

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7
Q

UAM: objectively dangerous act can be aimed at property

A

Goodfellow

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8
Q

UAM: if the V had a obvious vulnerability, the D would know, and so would the reasonable and sober person

A

Watson

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9
Q

UAM: reasonable and sober person has to foresee some harm and not a specific type of harm

A

JM v SM

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10
Q

UAM: doesn’t matter if the D didn’t realise if their conduct was dangerous, as long as the reasonable and sober person would realise it

A

Bristow

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11
Q

UAM: usual rule of causation also apply to UAM

A

Attorney General Reference ( No 3 of 1994)

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12
Q

UAM: D must have the men’s rea of the unlawful act

A

Lamb

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13
Q

UAM: transferred malice can apply to UAM

A

Mitchell

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14
Q

UAM: All that matters is that they satisfy the MR of the unlawful act

A

Newbury & Jones

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15
Q

Diminished responsibility : governed by

A

S2(1) Homicide Act 1957 amended by S52 Corners and Justice Act 2009

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16
Q

Diminished responsibility: D’s state of mind is so different that a reasonable man would consider it abnormal

A

Lord Parker CJ

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17
Q

Diminished responsibility: the AMF doesn’t have to be permanent or present at birth

A

Gomez

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18
Q

Diminished responsibility: depression

A

Gittens

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19
Q

Diminished responsibility: irresistible impulses

A

Bryne

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20
Q

Diminished responsibility: battered wife syndrome

A

Ahluawalia

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21
Q

Diminished responsibility: alcoholism

A

Wood

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22
Q

Diminished responsibility: ADS

A

Stewart

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23
Q

Diminished responsibility: paranoia

A

Simcox

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24
Q

Diminished responsibility: adjustment disorder

A

Dietschmann

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25
Q

Diminished responsibility: Schizophrenia

A

Moyle

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26
Q

Diminished responsibility: medical evidence is required for the defence to be successful

A

Bunch

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27
Q

Diminished responsibility: rational judgement

A

Simcox

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28
Q

Diminished responsibility: nature of his conduct

A

Stewart

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29
Q

Diminished responsibility: exercise self control

A

Bryne

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30
Q

Diminished responsibility: substantial doesn’t mean a total impairment, but is more than minimal or trivial

A

Lloyd

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31
Q

Diminished responsibility: AMF is the cause or significant contribution in the unlawful killing

A

S1B Homicide Act 1957

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32
Q

GNM: governed by

A

Adomako

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33
Q

GNM: definition of duty of care is the same as in negligence

A

Wacker

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34
Q

GNM: reasonable steps to remedy a dangerous situation

A

Miller

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35
Q

GNM: voluntarily took on a duty of care

A

Stone and Dobinson

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36
Q

GNM: duty of care due to a special relationship

A

Gibbons and Proctor

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37
Q

GNM: contractual duty of care

A

Pittwood

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38
Q

GNM: a duty of care due to a public duty role (police officer)

A

Dytham

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39
Q

GNM: doctor and patient

A

Adomako

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40
Q

GNM: landlord and tenant

A

Singh

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41
Q

GNM: employers and employees

42
Q

GNM: the duty of care will apply whenever a Ds conduct carries a foreseeable risk to those around them

43
Q

GNM: if the D fails to reach the standard of care expected of a reasonable person in the same position and the breach is so serious, it is criminally wrong

44
Q

GNM: the Ds conduct must pose a reasonably foreseeable serous and obvious risk of death

45
Q

GNM: usual rules of causation apply to GNM

46
Q

GNM: the breach has to be gross and go beyond a mere matter of compensation between parties

47
Q

GNM: if the breach is flagrant and atrocious, it is gross and therefore a crime

48
Q

GNM: it is the jury to decide if the D is grossly negligent

49
Q

Murder: the Ds conduct causes the unlawful killing of a creature in being during kings peace with malice aforethought expressed or implied

A

Lord Justice Coke

50
Q

Murder: a reasonable creature in being is a human being that is independent from its birth mother

51
Q

Murder: the umbilical cord doesn’t need to be cut to be a reasonable creature in being

52
Q

Murder: a foetus is not a reasonable creature in being

A

Attorney General Reference (No3 of 1994)

53
Q

Murder: the destruction of a foetus can be criminal

A

Infant life (preservation) act 1929

54
Q

Murder: a person on life support with no brain activity is a reasonable person in being

55
Q

Murder: there is no time limit on death after the unlawful act or omission, but if it is more than 3 years after the event, the consent of the attorney general may is needed to prosecute

A

Law reform (year and a day rule) act 1996

56
Q

Murder: for a killing to be during kings peace, it must not be a part of war

57
Q

Murder: D committed the unlawful killing with malice aforethought expressed or implied

A

Lord justice Coke

58
Q

Murder: Ds aim or purpose to unlawfully kill a creature in being (direct intent)

59
Q

Murder: Ds aim or purpose to cause GBH (direct intent to cause serious harm)

60
Q

Murder: D did not intent to kill the V, but it was virtually certain death or serious harm would occur and they realised this (foresight of consequences)

61
Q

Murder: governed by

A

Law: Lord justic coke
Intro: Homicide Act 1957

62
Q

Loss of control: governed by

A

S54 coroners and justice act 2009

63
Q

Loss of control: the burden of proof is on the prosecution to prove beyond a reasonable doubt that the D didn’t have a loss of control when they killed

64
Q

Loss of control: the D must have suffered from a loss of control at the time of the killing

65
Q

Loss of control: the Ds loss of control doesn’t have to be sudden after a qualifying trigger

A

S54(2) coroners and justice act 2009

66
Q

Loss of control: one qualifying trigger is a fear of serious violence

A

S55(3) coroners and justice act 2009

67
Q

Loss of control: The D must fear serious violence

68
Q

Loss of control: the fear of violence can be towards an identified person and not just the D

69
Q

Loss of control: the fear of serious violence can come from another person and not the V

70
Q

Loss of control: one qualifying trigger is a thing said or done

A

S55(4) coroner and justice act 2009

71
Q

Loss of control: the thing said or done must be extremely grave in character to the D; and gives them justifiable sense of being wronged

72
Q

Loss of control: a breakdown of a relationship isn’t circumstances of the extremely grave character or justify a sense of being wronged

73
Q

Loss of control: revenge is not an allowed qualifying trigger

A

Ibrams and Gregory

74
Q

Loss of control: Ds inciting something said or done isn’t a qualifying trigger

A

S55(6)(a) coroners and justice act 2009

75
Q

Loss of control: sexual infidelity is not a qualifying trigger

A

S55(6)(c) coroners and justice act 2009

76
Q

Loss of control: sexual infidelity can be considered as a qualifying trigger when there are other factors with it

77
Q

Loss of control: standard of control test is governed by

A

S54(1)(c) coroners and justice act 2009

78
Q

Loss of control: would a normal person of the same age

79
Q

Loss of control: and gender with tolerance and self restraint

80
Q

Loss of control: In the same circumstance as the D

81
Q

Loss of control: Response in the same or similar way

A

Van dongen

82
Q

Loss of control: unemployment, depression and epilepsy

83
Q

Loss of control: sexual abuse

84
Q

Loss of control: PTSD

85
Q

Loss of control: personality disorder

86
Q

Loss of control: sexual infidelity, as long as other qualifying triggers are present

87
Q

Loss of control: if D is intoxicated this must be ignored as the normal person is someone who is sober

88
Q

Intoxicated Diminished responsibility: governed by

A

S2(1) Homicide Act 1957 amended by S52 Corners and Justice Act 2009 & Stewart

89
Q

Intoxicated Diminished responsibility: if the D was intoxicated but did not suffer from an AMF at the time they killed, the partial defence of diminished responsibility is unavailable

90
Q

Intoxicated Diminished responsibility: The Ds AMF and intoxication were unrelated, therefore the intoxication is disregarded and the diminished responsibility test is applied as normal

A

Deitschmann

91
Q

Intoxicated Diminished responsibility: as the Ds AMF is due to ADS, a modified version of the s2(1) homicide act 1957 amended by s52 coroners and justice act 2009 diminished responsibility legal test is applied

92
Q

Intoxicated Diminished responsibility: intoxication criteria- if the D suffered an AMF caused by ADS at the time they killed, they do not have to have brain damage and their drinking doesn’t have to be 100% involuntary

93
Q

Intoxicated Diminished responsibility: AMF- same as in diminished responsibility test

94
Q

Intoxicated Diminished responsibility: Recognised medical condition- same as in diminished responsibility test but only ADS is the only WHO condition

95
Q

Intoxicated Diminished responsibility: substantial impairment- first, the extent and seriousness of the Ds dependency on alcohol and the extent to which they could control the drinking at the time of the killing

A

Lord Parker CJ in Stewart

96
Q

Intoxicated Diminished responsibility: substantial impairment- rational judgement

97
Q

Intoxicated Diminished responsibility: substantial impairment- nature of their conduct

98
Q

Intoxicated Diminished responsibility: substantial impairment- exercise of self control

99
Q

Intoxicated Diminished responsibility: substantial impairment- the AMF is more than the minimal or trivial cause of the killing (as it is the only cause)

100
Q

Intoxicated Diminished responsibility: provides an alternative explanation for the killing- the AMF is the cause or significant contribution in the unlawful killing and explains the Ds conduct

A

S1B homicide act 1957

Criminal LAW (6 decks)

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