Ht2 Fatal Offences

Question 1

Define murder

Answer 1

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

Question 2

List the 2 types of manslaughter

Answer 2

1. Voluntary manslaughter
2. Involuntary manslaughter

Question 3

What type of manslaughter has intention and a defence

Answer 3

Voluntary manslaughter

Question 4

What type of manslaughter has no intention

Answer 4

Involuntary manslaughter

Question 5

List the 2 possible defences for voluntary manslaughter

Answer 5

1. Loss of control
2. Diminished responsibility

Question 6

List the 2 types of involuntary manslaughter

Answer 6

1. Unlawful act manslaughter
2. Gross negligence manslaughter

Question 7

Define unlawful act manslaughter and gross negligence manslaughter

Answer 7

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

Question 8

What are the 3 requirements for loss of control

Answer 8

1. D lost control
2. There was a qualifying trigger
3. Person same sex or age would have reacted the same way

Question 9

Does D’s loss of control need to be sudden

Answer 9

No

Question 10

Is temper or out of character behaviour enough for loss of control
(Give case)

Answer 10

No
R V Jewell

Question 11

Is sexual infertility a qualifying trigger for loss of control
(Give case)

Answer 11

No
R V Clinton

Question 12

Can fearing serious violence be a qualifying trigger for loss of control
(Give case)

Answer 12

Yes
R V Doughty

Question 13

List the requirements for diminished responsibility

Answer 13

1. Arose from a recognised medical condition
2. That substantially impairs D
3. Provides a explanation for D’s conduct

Question 14

Dose the medical condition have to be recognised for diminished responsibility

Answer 14

Yes

Question 15

Give cases for substantially impairs D

Answer 15

R V Lloyd
R V Golds

Question 16

Can you use intoxication if it’s an addiction for diminished responsibility
(Give case)

Answer 16

Yes
R V Wood

Question 17

List the requirements for unlawful act manslaughter

Answer 17

1. D committed an unlawful act
2. Act is objectively dangerous
3. Cause death
4. D has no men’s rea

Question 18

Dose the unlawful act need to be a crime
(Give case)

Answer 18

R v Lamb

Question 19

Does the act need to be aimed at v for unlawful act
(Give case)

Answer 19

No
R V Larkin

Question 20

Does the act have to subject v to ark east the risk of harm
(Give case)

Answer 20

Yes
R V church

Question 21

Dose D need men’s rea for the unlawful act
(Give case)

Answer 21

DDP V Newbury and Jones

Question 22

List the requirements for gross negligence manslaughter

Answer 22

1. D owed V a duty of care
2. D breached the duty of care
3. Were actions so grossly negligent to be Criminal
4. Men’s rea

Question 23

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)

Answer 23

R V Amdomako