Ht2 Fatal Offences Flashcards
Define murder
Murder is the unlawful killing of a reasonable creature in being under the King’s (or Queen’s) Peace with malice aforethought, express or implied
List the 2 types of manslaughter
- Voluntary manslaughter
- Involuntary manslaughter
What type of manslaughter has intention and a defence
Voluntary manslaughter
What type of manslaughter has no intention
Involuntary manslaughter
List the 2 possible defences for voluntary manslaughter
- Loss of control
- Diminished responsibility
List the 2 types of involuntary manslaughter
- Unlawful act manslaughter
- Gross negligence manslaughter
Define unlawful act manslaughter and gross negligence manslaughter
Unlawful act – D commits a crime (unlawful act) during which the victim dies
Gross Negligence – D owes V some form of duty of care and this is broken, V dies as a result
What are the 3 requirements for loss of control
- D lost control
- There was a qualifying trigger
- Person same sex or age would have reacted the same way
Does D’s loss of control need to be sudden
No
Is temper or out of character behaviour enough for loss of control
(Give case)
No
R V Jewell
Is sexual infertility a qualifying trigger for loss of control
(Give case)
No
R V Clinton
Can fearing serious violence be a qualifying trigger for loss of control
(Give case)
Yes
R V Doughty
List the requirements for diminished responsibility
- Arose from a recognised medical condition
- That substantially impairs D
- Provides a explanation for D’s conduct
Dose the medical condition have to be recognised for diminished responsibility
Yes
Give cases for substantially impairs D
R V Lloyd
R V Golds
Can you use intoxication if it’s an addiction for diminished responsibility
(Give case)
Yes
R V Wood
List the requirements for unlawful act manslaughter
- D committed an unlawful act
- Act is objectively dangerous
- Cause death
- D has no men’s rea
Dose the unlawful act need to be a crime
(Give case)
R v Lamb
Does the act need to be aimed at v for unlawful act
(Give case)
No
R V Larkin
Does the act have to subject v to ark east the risk of harm
(Give case)
Yes
R V church
Dose D need men’s rea for the unlawful act
(Give case)
DDP V Newbury and Jones
List the requirements for gross negligence manslaughter
- D owed V a duty of care
- D breached the duty of care
- Were actions so grossly negligent to be Criminal
- Men’s rea
Gross negligence-
1.d owed v a duty of care list a case
2.D breached a duty of care
3.Breached caused v’s death
(List cases)
R V Amdomako
