Homicide Offences Flashcards
Definition of murder. Authority.
Coke: the unlawful killing of a reasonable creature under the Queen’s peace with malice aforethought.
Definition of ‘death’. Case.
Irreversible death of the brain stem. Malcherek & Steel.
Test for factual causation. Case. Qualifier. Case.
‘But for’ test - White. D’s act must have significantly (more than minimally) accelerated V’s death - Cheshire.
2 tests for legal causation. 1 case.
- D’s act operating & substantial cause of death - Malcherek & Steel.
- No novus actus intervienens.
What must an act be to be an intervening act?
Unforeseen/unforeseeable.
When will medical negligence be an intervening act? Case.
If it is so potent and so independent of D’s act that the chain of causation is broken - Cheshire.
If there is more than one cause of death, what is required for D to be liable? Case.
Significant (more than minimal) contribution - Pagett.
Must a D takes his V as he finds him? Case.
Yes - Blaue.
Give examples of WHO medical conditions to look out for the partial defence of diminished responsibility to apply.
Depression; bipolar disorder; schizophrenia; anxiety syndrome; alcohol dependency disorder; battered person syndrome.
When can sexual infidelity be a qualifying trigger for the partial defence of loss of control? Case.
When combined with other triggers - R v Clinton, Parker and Evans.
For constructive manslaughter, what type of unlawful act is required? Case.
One which requires intention or recklessness - Lamb.
How is ‘dangerous’ defined for constructive manslaughter? 2 cases.
Carries objective risk of some harm - DPP v Newbury & Jones/Dawson.
What are the 5 criteria for gross negligence manslaughter? Case.
Adomako: 1. Duty; 2. Breach; 3. Objective risk of death (Singh); 4. Causation; 5. Grossly negligent.
