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Criminal > Homocide and inchoate offences > Flashcards

Homocide and inchoate offences Flashcards

1
Q

Murder

A

D causes V, a human being, to die in peacetime

Intention to kill or cause GBH

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2
Q

Three defences for voluntary manslaughter

A

Diminishes responsibility
Loss of self control
Suicide pact

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3
Q

Diminished responsibility

A

Abnormality of mental functioning that arises from a recognised medical condition that caused D to act or significantly influenced the way D acted
And
It substantially impaired Ds ability to either:
Understand the Nature of his conduct
Form rational judgement or
Exercise Self control

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4
Q

Is causation required for demonised responsibility

A

Yes must prove mental impairment cause Ds ability to be impaired in one of three ways

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5
Q

Does demolished responsibility cover intoxication

A

Might cover alcoholism but not voluntary intoxication

If voluntarily intoxicated abnormality must be main or significant factor

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6
Q

Loss of control

A

D killed V due to loss of self control with a qualifying trigger

A person of Ds sex and age with a normal degree of tolerance and self restraint would act in the same way

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7
Q

Qualifying triggers for loss of self control

A

Something said or done of such a grave nature D had justifiable sense of being seriously wronged - but cannot incite this as an excuse to use violence

Attributable to Ds fear of serious violence from V against D or other

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8
Q

Does loss of control need to be sudden

A

No

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9
Q

Can intoxication and infidelity be relied on for loss of self control

A

No

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10
Q

Who is the burden of proof on for loss of self control

A

D must raise defence and P must disprove beyond reasonable doubt

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11
Q

Types of involuntary manslaughter

A

Gross negligence
Unlawful act aka constructive
Reckless

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12
Q

Reckless manslaughter

A

D caused V to die.
D was reckless as to (foresaw) the serious risk of harm to V
Causation needed

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13
Q

Unlawful act manslaughter

A

Prove AR and MR of unlawful act which must be dangerous and must have caused the death

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14
Q

Does unlawful act need to be aimed at another person

A

No

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15
Q

What does dangerous mean regarding unlawful act manslaughter

A

All sober and reasonable people would inevitably recognise the act would subject V to at least the risk of some physical harm, albeit not serious harm

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16
Q

Gross negligence manslaughter

A

D owes V a duty of care
Duty of care breached
Obvious that breach involves risk of death
The breach causes the death
The jury finds the breach serious enough to be a crime

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17
Q

What is an obvious risk of death regarding breach for gross negligence manslaughter

A

A reasonably prudent person would have foreseen a serious and obvious risk of death- objective, no need for D to have seen it

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18
Q

Three types of assisting or encouraging offences

A

Intentionally assisting or encouraging

Assisting or encouraging believing offence will be committed and that his act will encourage or assist offence

Encourage or assist believing one or more offences will be committed but not sure which and his act will encourage or assist one of them

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19
Q

Two types of conspiracy

A

Statutory- agreement about course of conduct. Intend to be party to agreement and intend a party to agreement will commit offence

Common law- conspire to corrupt public morals or outrange public decency

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20
Q

Attempts to commit crimes

A

Intend to commit full offence and recklessness if that is part of MR of full offence

More than merely preparatory steps taken

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21
Q

If it is impossible to commit full crime can you still be guilty of attempting to commit offence

A

Yes

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22
Q

What is an accessory to a crime

A

Assists or encourages the principle before or during the crime

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23
Q

What is an accessory charged with

A

Charged as if committed crime but particulars say:

Aided, abetted, counselled or procured

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24
Q

Can there be accessory liability if p doesn’t commit crime

A

No

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25
Q

What is assistance to a crime

A

Giving help. Must actually help and P doesn’t need to know someone helped

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26
Q

What is encouraging a crime

A

To advise or solicit, usually before crime. No need for causal connection between encouragement and crime

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27
Q

What is joint enterprise liability

A

A and P agree to commit crime X bit during X P commits crime Y. Then A is accomplice to Y

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28
Q

What is an accomplice

A

When A intends to assist or encourage P to commit crime

P must have MR for full crime

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29
Q

Can A be liable as an accomplice for a lesser crime than P committed

A

Yes if A encouraged p to commit a lesser offence than P actually committed

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30
Q

Can A be liable as an accomplice even if P is not guilty

A

Yes if AR of principe offence is proved but P had a defence, A can still be guilty

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31
Q

Can A and P be liable of different offences

A

Yes where they share same AR but have different MR

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32
Q

Can A be liable as an accomplice where P does something completely different to that which A intended

A

A not liable if completely different. Still liable if only slightly different

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33
Q

Can A be guilty of a lesser crime than P

A

Yes where A satisfied the MR and AR for that lesser crime as an individual

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34
Q

Can A withdraw from a crime

A

Yes but must be communicated with others. The more A contributed to the plan the more than must be done to withdraw

35
Q

Is there any vicarious liability for crimes

A

Only where statutory construction allows

36
Q

How is state of mind of company established for corporate liability

A

State of mind of directors and managers is state of mind of company fee

37
Q

Crimes a corporation cannot commit

A

Rape and murder

38
Q

Corporate manslaughter

A

The way the activities are organised by senior management caused death and amounts to gross breach of duty

39
Q

what is AR and MR of murder

A

killing of a human (born) with intent to kill or cause GBH

40
Q

what type of intent is needed for murder

A

direct or indirect intent

41
Q

3 types of voluntary manslaughter

A

diminished responsibility, loss of self control, suicide pact

42
Q

define diminished responsibility

A

an abnormality of mental functioning which arises from a recognised medical condition and substantially impaired Ds ability to understand conduct, rational judgement or self control and provides an explanation for crime (causation between illness and crime).

43
Q

who is burden of proof on for diminished responsibility

A

P must prove AR and MR of murder beyond reasonable doubt then D must prove diminished responsibility to balance of probabilities.

44
Q

what is a substantial impairment for diminished responsibility

A

this is a question for the jury

45
Q

loss of self control - voluntary manslaughter

A

D loses self control (not RP) and loss of control has qualifying trigger and a person of same sex and age with normal tolerance would have acted the same.

46
Q

what are loss of self control qualifying triggers

A

fear of serious violence against D or identifiable other

thing said or done of extremely grave nature causing D to have sense of being justifiably (objective) wronged.

47
Q

does loss of self control need to be immediate

A

no - can build up over a long period of time

48
Q

who is burden of proof on in loss of self control

A

D raise some evidence of loss of control and then burden reverts to P to disprove it beyond reasonable doubt. if P cannot do this then the defence applies.

49
Q

2 types of involuntary manslaughter

A

gross negligence and unlawful act

50
Q

elements needed for unlawful act manslaughter

A

AR of murder but not MR
AR and MR of unlawful act (intention or recklessness crime, not negligence)
unlawful act must also be dangerous - RP would foresee some risk of harm
unlawful act cannot be omission

51
Q

elements needed for gross negligence manslaughter

A

duty, breach, causation death, grossly negligent breach.

52
Q

can gross negligence be committed by omission

A

yes

53
Q

when is a breach gross

A

risk of death such that a RP would foresee a serious and obvious risk of death

54
Q

standard of care for gross negligence manslaughter

A

RP or if special knowledge then RP with expertise

55
Q

what is needed to find someone guilty of an attempted crime

A

intent to commit the crime (direct or indirect intent)

does an act which is more than merely preparatory to the commission of the offence

56
Q

can you be liable for an omission regarding an attempted crime

A

no

57
Q

for which offences can you be liable for an attempt

A

almost all indictable but not summary unless statute specifies

58
Q

can you be guilty of an attempted crime even if full crime was impossible

A

yes - judge D on facts as they believe them to be

59
Q

who is the principle offender

A

commits AR of substantive criminal offence with MR

60
Q

who are joint principles / co-principles

A

2 or more people perform AR and MR together

61
Q

who is a secondary party / accomplice / accessory

A

assist in offence but don’t commit AR themselves

62
Q

to which offences can you be an accomplice

A

only indictable and either way offences

63
Q

what are you tried for if you are an accomplice

A

the principles offence

64
Q

what is the AR of accomplice liability

A

aiding, abetting, counselling or procuring the commission of the principle offence

65
Q

what is aiding

A

helping, assisting, supporting.

66
Q

when is aiding committed

A

at time of offence but sometimes earlier. not after offence

67
Q

to have aided the offence does it matter if P would have done it anyway

A

irrelevant - no causation needed

68
Q

what is abetting

A

encouraging to commit offence. words, actions, need to be physically present at the scene but presence alone isn’t enough. need active and willful encouragement.

69
Q

when is abetting committed

A

at time of offence

70
Q

to have abetting the offence does it matter if P would have done it anyway

A

irrelevant - no causation needed

71
Q

what is counselling

A

instigating, soliciting or encouraging (even threatening)

72
Q

when is counselling committed

A

before the offence

73
Q

to have counselled the offence does it matter if P would have done it anyway

A

irrelevant - no causation needed

74
Q

what is procuring

A

set out to achieve the crime / cause the crime

75
Q

when is a crime procured

A

before commission

76
Q

do you need prior contact between P and A for procuring liability

A

no

77
Q

to have procured the offence does it matter if P would have done it anyway

A

this matters - causation is needed - procuring must have caused P to commit offence

78
Q

MR of accomplice

A

intended to do the act that aided, abetted, counselled, or procured. Knew that a crime might be committed (don’t need to know details of what crime)

79
Q

when can P and A be liable for difference crimes

A

when crimes have same AR but different MR. possible for A to be liable for less or more serious crime than P

80
Q

can you have an accessory without a principles

A

principle crime must have occurred to have an accessory but possible for A to be convicted and P not convicted if P is missing or has a defence

81
Q

when can the accessory become the principle

A

if P carried out AR but is innocent agent due to lack of MR and A procured them then A becomes principle

82
Q

when does joint enterprise liability apply

A

when A and B join together to commit crime X but it escalated into crime Y they are liable for Y if they had the MR for it
or
when A and B join to commit crime X but A does Y then B is liable for Y if they foresaw that in the course of X their partner might do Y.

83
Q

is it possible to withdraw from the participation of a crime

A

yes but withdrawal must be effective. It must be before the offence, timely and communicated and unequivocal. failing to turn up is not enough

84
Q

can you withdraw from the participation of a crime after it has begun

A

they must do more than merely communicate their intention to withdraw. would need some form of physical intervention

Criminal (4 decks)

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