Manslaughter Flashcards
Statutory basis for Diminished Responsibility
S.2 Homicide Act (Substituted by s52 Criminal Justice Act)
Statutory basis for loss of self control
S54, 55 Criminal Justice Act
Brown
Letenock
Causal link for loss of self control can be established if the loss of contra arises from a mistake made by D.
Even if this mistake was induced by alcohol
Dawes (causation)
Loss of self control: possible to have regard to the cumulative impact of earlier events to determine if chain of causation remains intact
Dawes (qualifying triggers)
Fear of serious violence: Inciting things done/said as an excuse to use violence:
D must have INTENDED his actions would provide him with this opportunity- general behaviour not bad enough
Qualifying triggers
- Fear of serious violence
- Sense of being seriously wronged by things done and said which constitute circumstances of an extremely grave character, and caused D to have a justifiable sense of being seriously wronged
Clinton
Qualifying triggers: sense of being seriously wronged, sexual infidelity must be disregarded.
Things ‘said’ which constitute sexual infidelity include admissions or reports by others.
Where sexual infidelity is integral and forms an essential part of a wider context it should be taken into account
Amelash
Qualifying triggers: circumstances that bare on D’s general capacity for tolerance and self-restraint condition
Self- induced intoxication generally not a relevant circumstance- comes under exclusion
Hussain
Reckless MS:
Man driving car, knocked over child, drove off with child trapped, child only died because of being dragged along the road
Could not be murder as man did not foresee causing death/serious injury through his action of driving off.
R v Goodfellow
Components of constructive MS:
- Intentional act
- Unlawful act
- Act which a reasonable person would realise would be bound to subject some other human to the risk of physical harm
- Act was the cause of death
R v Lamb
Constructive MS: The Unlawful act
D must have the mens rea for the unlawful act in question
R v Scarlett
Constructive MS: The Unlawful act
Will not be unlawful if D has a defence to that act
Andrews v DPP
Constructive MS: The Unlawful act
Act in question was careless driving
Could not be an unlawful act for the purpose of MS as there is no intention component
DPP v Newbury and Jones
Constructive MS: The Dangerous act
Must consider whether a sober and reasonable person would recognise that the act was dangerous, not whether the accused did.
Dawson
Ball
Constructive MS: The Dangerous Act
The sober and reasonable person should be considered to only have as much knowledge as if he were at the scene and watched the act be performed
Knowledge that only the D may have can be imputed to the reasonable man