Homicide

Question 0

Murder - fault elements

Answer 0

Intention to kill or cause GBH - Moloney

Direct intention: unless a complicated issue, this should be given its everyday meaning and left to the jury to interpret, Moloney
Oblique intention: Woolin

Question 1

Homicide - external elements

Answer 1

Unlawful killing

Of a reasonable person in being - AGs Ref (no 3 of 1994) an unborn child is not in being

Question 2

Loss of control

Answer 2

1) D had a loss of control - doesn’t have to be sudden but cannot be a revenge killing

2) from a qualifying trigger
- not if D invited the violence, Dawson
- not for sexual infidelity, Clinton

3) objective test of restraint

Question 3

Diminished responsibility

Answer 3

1) a recognised medical condition

2) substantially impaired ability…
- Law Commision examples : child playing video games; depressed husband kills terminally ill wife
- Byrne : sexual psychopath unable to control his desires

3) provides an explanation for the offence
- dietschmann

Question 4

Constructive manslaughter

Answer 4

1) an act
- not omission, Lowe

2) unlawful
- Kennedy : heroin syringe
- Lamb : must have external and fault elements of the crime

3) dangerous
- Church : drowning a hooker when he thought she was dead
- DPP v Newbury : no need to foresee the dangerousness
- Dawson : physical injury

4) causation

Question 5

Gross negligence manslaughter

Answer 5

R v Adomako

1) duty of care
2) breach of duty

3) gross breach that it amounts to a crime
- matter of fact for the jury to decide

4) causation

Question 6

Corporate manslaughter

Answer 6

1) applicable organisations - sched 1
2) relevant duty if care - s.2
3) gross breach of duty
4) offence due to the way activities were managed or organised by senior management being a substantial element

Question 7

Subjective recklessness

Answer 7

Lidar 2000

1) defendant foresaw a risk
2) he assessed that the risk was highly probable