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Crime > Manslaughter > Flashcards

Manslaughter Flashcards

1
Q

What is manslaughter?

A

A common law homocide offence

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2
Q

What are the two categories of manslaugter?

A

Voluntary and involuntary manslaughter

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3
Q

Where does voluntary manslaughter arise?

A

Where D satisfies both AR and MR of murder. Does not have a complete defence.

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4
Q

What are the 3 partial defences of voluntary manslaughter?

A

Loss of self-control
Diminished responsibility
Suicide pact

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5
Q

Where is loss of self-control defined?

A

Sections 54 & 55 of the Coroners and Justice Act 2009

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6
Q

What is loss of self-control?

A

D kills while out of control, owing to fear of serious violence and/or extremely grave circumstances giving her a justifiable sense of being seriously wronged where a reasonable person of D’s age, sex, and characteristics might have acted in a similar way

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7
Q

What is diminished responsibility?

A

D’s recognised medical condition led to an abnormality of mental functioning, and substantially impaired her capacity to understand the nature of her conduct, form a rational judgement, or exercise self-control, causing her to kill

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8
Q

What is a suicide pact?

A

D kills V in pursuance of an agreement that they will both die together

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9
Q

What are the elements of the LOSC partial defence?

A

D’s acts or omissions in doing or being party to the killing resulted from D’s loss of self-control.
The loss of self-control had a qualifying trigger.
A person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.

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10
Q

Which statute is the elements of LOSC defined in ?

A

The Coroners and Justice Act 2009

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11
Q

What is excluded from the LOSC defence?

A

s54 (4) Where D acts in a considered desire for revenge

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12
Q

Why does a considered desire for revenge not qualify for LOSC?

A

Evidence that D did not lose her self control

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13
Q

What is considered as a ‘considered desire for revenge’?

A

If the attack was thought about and considered

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14
Q

What is meant by loss of self control?

A

Subjective- has D herself lost self- control? irrelevant whether a reasonable person in D’s position would have done so or not

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15
Q

How has LOSC been defined?/

A

Loss of the ability to act in accordance with considered judgement or a loss of normal powers of reasoning

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16
Q

What is the leading case on LOSC?

A

Jewell - the premediated planning undermined the LOSC Claim

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17
Q
A
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18
Q

Does there have to be proof that the attack was frenzied, sudden, and temporary?

A

No- Islam;Dawson

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19
Q

What is a qualifying trigger?

A

s55- a fear of serious violence from v, and or a sense of being seriously wronged by things said or done

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20
Q

What are the requirements for whether there was fear of serious violence from v?

A

s55(3) A subjective requirement- D must react to a genuine fear but need not be an actual threat or a threat of that gravity

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21
Q

What are the qualifications of a fear of serious violence trigger?

A

Will not apply where D has consciously caused the conditions of her own defence (Where she has incited V to act to have an excuse to use violence against V) Dawes

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22
Q

What is the second qualifying trigger?

A

s55 (4) A sense of being seriously wronged by things said or done

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23
Q

What are the requirements of s55 4?

A

Partly subjective (D must personally feel seriously wronged)
Partly objective (the feeling of wrong must be objectively justifiable & objectively grave)

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24
Q

What has been excluded as constituting a QT?

A

Things said or done constituting sexual infidelity- s55(6)(c)

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25
Q

Where can sexual infidelity be considered to be a qualifying trigger?

A

Clinton- where sexual infidelity is not the sole trigger said or done, it can be allowed to the jury alongside the other factors

26
Q

What is required for the third element of the LOSC defence?

A

D’s reaction must have been objectively understandable

27
Q

What else can be considered for the third element of LOSC?

A

the circumstances of d 54(3) all of d’s circumstances other than those whose only relevance to D’s conduct is that they bear on D’s general capacity for tolerance and self-restraint- Rejmanski

28
Q

What is diminished responsibility?

A

D’s medical condition creates a defect of reason that reduces her ability to understand the capacity of her acts

29
Q

What are the required elements of proving DR?

A

Where D was suffering from an abnormality of mental functioning which arose from a recognised medical condition, substantially impaired D’s ability to understand the nature of her conduct, form a rational judgement and to exercise self-control. Providing an explanation for D’s acts and omissions in doing or being a party to the killing

30
Q

What is the suicide pact partial defence?

A

s4 Homocide Act- D must have agreed with V that they will die together and intent to die herself in line with the agreement

31
Q

What is unlawful act manslaughter?

A

D commits UAM when she acts to commit a criminal offence (the base offence), the base offence carries an objective risk of some physical harm to V, and V dies as a result.

32
Q

What is required to establish UAM ?

A

A criminal offence (base offence) + objectively dangerous+ causes death

33
Q

How is dangerousness established?

A

Church- an unlawful act is such that all sober and reasonable people would inevitably realise that it must subject the other person to, at least, the risk of some harm resulting thereof.

34
Q

Does the dangerous act have to be directed to V?

A

Watson- no

35
Q

What are the key cases relating to UAM

A

Dawson, Lamb, AG’s reference

36
Q

What is involuntary manslaughter?

A

Where D does not satisfy the mens rea of murder, committing a lesser manslaughter offence

37
Q

What are the 3 main involuntary manslaughter offences?

A

Unlawful act manslaughter
Gross negligence manslaughter
Reckless manslaughter

38
Q

What are the elements of UAM

A

Any act causing death.
Any circumstances required for the base offence where a sober and reasonable person in D’s position would recognise a risk of harm to V -> death of v

39
Q

What are the most common base offences for UAM ?

A

Offences against the person

40
Q

What happened in lamb?

A

D pointed a loaded revolver at V as a joke. Neither understood how a revolver worked and V was killed.
Base offence was incomplete because D lacked MR and did not intend or foresee a risk of harm to V

41
Q

What are the most common defences to UAM

A

Self-defence; consent

42
Q

How is dangerousness of D’s conduct assessed?

A

Church- the unlawful act must be such that all sober and reasonable people would inevitable recognise that it must subject the other person to, at least, the risk of some harm resulting therefrom

43
Q

What happened in Dawson?

A

D attempted to rob a petrol station. V was not elderly, in apparent good health and protected behind bullet proof glass. V suffered a heart attack and died (underlying heart condition)
Appeal allowed- it was not apparent to a reasonable person in D’s shoes at the time of the attempted robbery

44
Q

What happened in AGs reference

A

D stabbed M with the intention for murder knowing she was pregnant. M survived but the baby only survived for 4 months in intensive care.
D charged with the murder of V.
Court- no liability for murder or UAM

45
Q

What is gross negligence manslaughter?

A

Where D’s conduct is seriously negligent and causes death

46
Q

What is the leading case for GNM ?

A

Adomako- D failed to notice that a tube supplying oxygen had become detached.

47
Q

What are the elements of GNM?

A

Any conduct causing the results.
DOC between D & V
D’s breach posed serious and obvious risk of death = reasonably foreseeable.
D must breach DOC
Death of V

48
Q

What does Wacker illustrate?

A

DOC between D and victims. Difference between criminal and tort law- no DOC of D

49
Q

Can UAM be committed by an omission?

A

No, for offences caused by omission -> GNM

50
Q

What is the leading case for omission based GNM ?

A

Evans- D supplied V with heroin which she self-administered.

51
Q

What happened in Broughton?

A

D supplied V with controlled drugs and did not call for medical assistance. D was not convicted as there was no clear evidence that D was the factual and legal cause of V’s death.

52
Q

How can breach of care be established?

A

If D’s conduct fell below that expected of a reasonable person in her position

53
Q

What principle does Kuddus show?

A

That D’s conduct must pose a risk of death which is serious, obvious and reasonably foreseeable

54
Q

What happened in Rose

A

Optometrist performed eye test on V. V became ill and died suddenly.
Evidence showed that had V been given a competent eye test, it would have been treatable.
D did not view the correct scans, however it was not reasonably foreseeable that the breach posed a serious and obvious risk of death

55
Q

Which statute criminalises corporate manslaughter?

A

Corporate Manslaughter and Corporate Homocide Act 2007

56
Q

Where is corporate manslaughter committed?

A

s1(1)- if the way in which their activities are managed:
causes a person’s death and
amounts to a gross breach of a relevant duty of care owed by the org to the deceased.

57
Q

Which statute criminalises death by driving?

A

S1 Road traffic act- causing death by dangerous driving
S2b RTA- causing death by careless driving
S3A- Causing death by careless driving when under the influence of drink or drugs
S3zb- causing death while driving unlawfully

58
Q

What is infanticide?

A

Where D (a mother) kills V (her child) within the first year of its life, at the time of the killing, D’s mind was disturbed due to the birth or her lactation resulting from the birth

59
Q

Which statute lays down the elements of infanticide?

A

Infanticide Act 1938

60
Q

What are the effects of finding infanticide even where the findings may return a verdict of murder?

A

liability only for infanticide

61
Q

Is killing a foetus homocide?

A

no- foetus is not a person in being until it is fully independent of its mother

62
Q

Which statutory provisions criminalise killing a foetus?

A

S1 Infant Life Act- intentional killing of a foetus capable of being born alive. (capable of independent breathing- 26 weeks)
S58 OAP Act- offence of procuring a miscarriage at any stage by means of ingesting a noxious thing

Crime (9 decks)

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