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Criminal > Homicide Offences > Flashcards

Homicide Offences Flashcards

1
Q

Murder - AR

A
  1. Unlawful Killing - COKE
  2. Of a Human Being - POULTON
  3. Under the Queen’s Peace - COKE; R v CLEGG
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2
Q

Causation

A

D’s actions must accelerate and be a significant cause of the death

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3
Q

Factual Causation - (1) But for D’s Actions, V wouldn’t have died as and when he did - (2) Acceleration must be significant (more than minimal)

A

(1) WHITE

(2) CHESHIRE

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4
Q

Legal Causation - No legal causation if…

A

MALCHEREK & STEEL

  • an event intervenes between D’s conduct and the end result unless E was foreseen or foreseeable by D
  • An act by another person intervenes between D’s conduct and end result unless D’s conduct is still an “operating and substantial cause”
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5
Q

Legal Causation - D’s act or ommission need not be the sole or main cause, merely a significant contribution

A

PAGETT

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6
Q

If V refuses a blood transfusion this doesn’t break chain - Take V as you find him

A

BLAUE

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7
Q

Legal Causation - Death from fright: if foreseen or foreseeable, D can be legal cause of death - Vulnerability of Older persons

A

R v WATSON

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8
Q

Medical Negligence - If original harm is still an operating and substantial cause, the negligence doesn’t let the D off the hook

A

R v SMITH

- Second cause need to be So Overwhelming making the original wound a Mere Part of History

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9
Q

Medical Negligence - Negligence only breaks causation if it is so independent of D’s acts and in itself so potent that D’s act is insignificant

A

R v CHESHIRE

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10
Q

Murder “with Malice Aforethought”

A

Homicide Act 1957

Intent to kill or cause GBH

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11
Q

Partial Defence - Diminished Responsibility - s.2(1) Homicide Act - Abnormality of Mental Functioning

A

R v BYRNE - State of mind is so different from ordinary human beings

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12
Q

Partial Defence - Diminished Responsibility - s.2(1) Homicide Act - Impairment must be Substantial

A

R v LLOYD

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13
Q

Partial Defence - Diminished Responsibility - s.2(1) Homicide Act - Defence not excluded if D consumer Alcohol

A

R v WOOD

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14
Q

Partial Defence - Loss of Control - ss.54/55 Coroners and Justice Act - Must have a Qualifying Trigger - D should be judged according to the level of tolerance and self-restraint to be expected from a normal person of D’s age/sex

A

R v CAMPIN

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15
Q

Constructive Manslaughter - Unlawful Act - 3 cases

A

R v LAMB - Must be unlawful
DPP v NEWBURY - Any unlawful act
R v LOWE - Cannot be an omission

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16
Q

Constructive Manslaughter - Which is Dangerous - 2 cases - And causes V’s death

A

DPP v NEWBURY - Carries some risk of harm

R v BALE - Test - Would a Sober and Reasonable person think it was a dangerous act?

17
Q

Constructive Manslaughter - MR

A

MR of the Unlawful Act

At least Reckless as to the Death or GBH

18
Q

Gross Negligence Manslaughter - R v ADOMAKO - Duty of Care owed by D to V

A

WILLOUGHBY - Unless an established duty, it is a matter for the Jury

19
Q

Gross Negligence Manslaughter - R v ADOMAKO - Breach of that Duty

A

KHAN - May be an Omission provided

  • Special Relationship - STONE & DOBINSON
  • Contractual Duty - PITTWOOD
  • Statutory Duty
  • Dangerous Situation created - MILLER
20
Q

Gross Negligence Manslaughter - R v ADOMAKO - Risk the D’s conduct could cause Death - Objective Test

A

SINGH - Reasonable man able to foresee risk of death?

21
Q

Gross Negligence Manslaughter - R v ADOMAKO - Evidence that Breach did cause Death

A

Then conclude - D’s standard was so far below that of a reasonable man in the situation that he can be labelled grossly negligent and deserving of crime punishment

22
Q

Defence - Involuntary Intoxication - Drugs had an adverse affect

A

HARDIE

23
Q

Defence - Involuntary Intoxication - Craving too strong to resist

A

TANDIE

24
Q

Defence - Involuntary Intoxication - If MR is absent

A

KINGSTON - Succeed as a defence to Murder, Voluntary Manslaughter, Constructive Manslaughter

25
Q

Defence - Voluntary Intoxication - Underestimate effects

A

ALLEN

26
Q

Defence - Voluntary Intoxication - If MR is absent

A

Succeed as a defence only to crimes of specific intent (Murder, Voluntary Manslaughter)

Criminal (6 decks)

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