Mmurder Flashcards
Actus Reus
unlawful killing of another
Mens Rea
murder: direct intention to kill or cause gbh
manslaughter: negligent. Less intention because of a justifiable reason
Manslaughter
Voluntary: intent to kill but justifiable (coroners & justice act2009)
involuntary: did not intend to cause serious harm/kill but their conduct still leaves them gravely at fault.
Unlawful act Manslaughter
When there is an unlawful act[larkin1942],
the act is dangerous[sober+reasonable church1966],
act causes death, [rvwhite but for, legal causation]
D has MR for unlawful act.
Gross Negligence Manslaughter
D owes V a Duty of Care [general duty or special relation/dangerous situation]
D breached duty [adomako 1995]
gross breach - fall way below standard of care/seriousness of breach [adomako]
breach causes death [causation]