Homicide and defence of intoxication Flashcards
1
Q
What is the offence of murder?
A
Actus reus is causing the death of another human being.
+ mens rea of intention to kill or cause GBH (cannot be committed recklessly).
2
Q
What is considered when deciding if murder can be reduced to manslaughter?
A
- Loss of control
- Diminished responsibility
- Suicide pact
3
Q
What are the elements of diminished responsibility?
A
- Abnormality of mental functioning
- Arose from recognised medical condition
- Substantially impaired D ability to understand nature of conduct
- Provides an explanation for the defendants act or omission in killing.
4
Q
What are the elements of loss of control?
A
- D must lose self control
- Loss of control must have qualifying trigger
- Same type of person would have reacted in same way.
5
Q
What is the offence of unlawful act manslaughter?
A
Actus reus is D does unlawful act, which is dangerous and causes victim death.
+Mens rea of the unlawful act
6
Q
What is the offence of Gross Negligent manslaughter?
A
- D owed victim a duty of care
- D breached that duty
- Breach caused death of victim
- D conduct was grossly negligent
