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Criminal Law (AQA) > Manslaughter > Flashcards

Manslaughter Flashcards

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1
Q

What are the two types of manslaughter?

A

Voluntary and Involuntary

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2
Q

What is voluntary manslaughter?

A

Where the defendant intended to kill, but has a defence

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3
Q

What are the two partial defences to murder, making them voluntary manslaughter?

A

Loss of control and Diminished Responsibility

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4
Q

What is loss of control and what act does it use?

A

The D has been provoked, section 54 of the Coroners and Justice Act 2009 - 3 stage test

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5
Q

What is stage 1 of loss of control?

A

The D must have a loss of control, it does not need to be sudden however the longer the delay, the less likely to gain the defence

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6
Q

What is the key case in stage 1 of loss of control? What does it show?

A

Gregson - allowed to take the circumstances into account to assess whether they lost control

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7
Q

What is stage 2 of loss of control?

A

S.55, the loss of control must be due to a qualifying trigger (fear of serious violence or anger)

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8
Q

Explain the fear of serious violence trigger for loss of control and name the key case

A

Fear of serious violence - D must have genuine fear but violence need not be directed at D (Pearson), Subjective

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9
Q

Explain the anger trigger for loss of control and name the key case

A

Things said/done to provoke D, amounting to circumstances of an extremely grave character - which caused them to have a justifiable sense of being seriously wronged (Hatter), Objective

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10
Q

What is stage 3 of loss of control?

A

S.54, would a person of the same age/gender with a normal degree of tolerance have reacted in the same way (Holley)

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11
Q

What are the two side rules for loss of control? name the key cases for each

A

Sexual Infidelity - if cheating is the only trigger the defence is lost, there must be another provoking factor (Clinton)
Revenge - defence can not be successful in a desire for revenge (Evans)

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12
Q

What is diminished responsibility and what act does it use?

A

Homicide Act 1957 - burden of proof is on D on the balance of probability, D must have a medical condition to explain why they killed

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13
Q

What is stage 1 of diminished responsibility? name the key case

A

D must be suffering from an abnormality of mental functioning, “a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal” (Byrne)

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14
Q

What medical conditions can be used in diminished responsibility? name the key case for each (7)

A

Battered wife syndrome (Hobson)
Epilepsy (Campbell)
Chronic depression (Seers)
Pre- menstrual tension (Smith)
Alcohol/drug dependancy syndrome (Stewart)
Paranoia/personality disorder (Martin)
Irresistible impulses (Byrne)

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15
Q

What is stage 2 of diminished responsibility?

A

The abnormality must substantially impair D’s ability to:
-Form a rational judgement
-Understand the nature of their conduct
-Exercise self control
(ONLY ONE OF THESE)

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16
Q

What does the ‘Golds’ case say about stage two of diminished responsibility?

A

the abnormality must be weighty (substantial), not trivial

17
Q

What is stage 3 of diminished responsibility?

A

D’s abnormality must provide an explanation for the killing, Amended Homicide Act 1957 states that it must be a “significant contributory factor in causing D to carry out the killing”

18
Q

What is the side rule for diminished responsibility?

A

If D is suffering from an abnormality and intoxicated at the same time, the jury will ignore the drinking/drugs and consider the abnormality alone

19
Q

What are the two defences that make the crime involuntary manslaughter?

A

Unlawful Act and Gross Negligence

20
Q

What is involuntary manslaughter?

A

where the D has killed the V but did not intend to

21
Q

What is unlawful act manslaughter?

A

An illegal act that leads to death - the D commits a lesser unlawful act that involves a risk of harm and unintentionally leads to death

22
Q

What is stage 1 of unlawful act manslaughter?

A

D must commit an unlawful act

23
Q

Name the two cases in stage one of unlawful act manslaughter and what they say

A

Franklin - The unlawful act must be a crime, not a civil wrong
Khan and Khan - The unlawful act must be a positive act not an omission

24
Q

What is the side rule for unlawful act manslaughter? name the key case

A

The unlawful act can be indirect (Mitchell)

25
Q

What is stage 2 of unlawful act manslaughter?

A

the unlawful act must involve a risk of harm (objective)

26
Q

Name the two cases in stage two of unlawful act manslaughter and what they ask for the test

A

Church - Would a reasonable person observing the act see a risk of harm?
DPP v Newbury & Jones - Would a danger be obvious to any sober and reasonable person?

27
Q

What is stage 3 of unlawful act manslaughter

A

the unlawful act muse have caused the death - factual, legal, causation issues

28
Q

What is stage 4 of unlawful act manslaughter? name the key case

A

The D must have the mens rea for the lesser unlawful act, not the deaths (Goodfellow)

29
Q

What is gross negligence manslaughter?

A

A duty of care that is breached and leads to the V’s death

30
Q

What is the key case for gross negligence manslaughter that sets out a 4 stage test

A

Adamako - Lord Mackey stated that ‘ordinary principles of negligence apply’

31
Q

What is stage one of gross negligence manslaughter? (4 questions)

A

Did D owe V a duty of care?
Is the result FORESEEABLE as a result of the D’s actions?
Do the D and V have a relationship of PROXIMITY?
Is it fair and REASONABLE to impose a duty on the D?

32
Q

What is the side rule for stage 1 of gross negligence manslaughter?

A

Joint enterprise - If D and V are joined in a crime they owe each other a duty of care (Wacker)

33
Q

What is stage two of gross negligence?

A

Has the D breached the duty of care? Has the D acted like a reasonable person or have they failed to reach the standard? (Use omissions to help)

34
Q

What is stage 3 of gross negligence? name the key case

A

Did the breach of duty involve a risk of death? (Misra)

35
Q

What is stage 4 of gross negligence?
name the key cases

A

Was the breach of duty gross? - ‘gross’ shows a total disregard for the life and safety of others, it ought to be a crime (Bateman/Adamako)

Criminal Law (AQA) (10 decks)

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