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Murder Flashcards

1
Q

What is the definition of murder according to Lord Coke?

A

The unlawful killing of a reasonable creature in being under the King’s peace with malice aforethought express or implied.

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2
Q

What are the three components of actus reus in murder?

A
  • Unlawful killing
  • Reasonable creature in being
  • Under the King’s peace
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3
Q

What does unlawful killing require?

A

The defendant must have factually and legally caused the death of the victim.

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4
Q

Can murder be committed by omission?

A

Yes, if there is a duty to act.

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5
Q

What is required for causation in murder?

A

Murder is a result crime; factual and legal causation must be proved.

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6
Q

What is the legal status of a foetus in the context of murder?

A

A foetus must have an existence independent of its mother to be considered a reasonable creature in being.

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7
Q

What case clarified that a braindead person is not a reasonable creature in being?

A

Malcherek suggested that a braindead person would not be considered a reasonable creature in being.

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8
Q

What does the term ‘malice aforethought’ refer to?

A
  • Express malice aforethought = intention to kill
  • Implied malice aforethought = intention to do GBH
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9
Q

What is diminished responsibility?

A

A special defence that can only be used for murder, reducing it to voluntary manslaughter.

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10
Q

What are the four elements of diminished responsibility?

A
  • Abnormality of mental functioning
  • Recognised medical condition
  • Substantial impairment
  • Provides an explanation
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11
Q

What does ‘abnormality of mental functioning’ mean?

A

A state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal.

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12
Q

What is required to prove a recognised medical condition for diminished responsibility?

A

The abnormality of mental functioning must be caused by a recognised medical condition.

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13
Q

What does ‘substantial impairment’ refer to in diminished responsibility?

A

The AOMF must substantially impair the defendant’s ability to understand their conduct, form a rational judgment, or exercise self-control.

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14
Q

What is the standard of proof for diminished responsibility?

A

Balance of probability (51%).

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15
Q

What is the general rule regarding intoxication and diminished responsibility?

A

Intoxication alone cannot support a defence of diminished responsibility.

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16
Q

What does the term ‘loss of control’ refer to in the context of murder?

A

A statutory defence where the defendant’s acts or omissions in the killing resulted from a loss of control.

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17
Q

What are the three elements of loss of control?

A
  • Loss of control
  • Qualifying trigger
  • The objective test
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18
Q

What constitutes a qualifying trigger for loss of control?

A
  • Fear of serious violence from the victim
  • Anger from things said or done that are extremely grave and cause a justifiable sense of being seriously wronged
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19
Q

What is the objective test for loss of control?

A

Whether a person of the defendant’s sex and age with normal tolerance and self-restraint would have reacted similarly.

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20
Q

What is unlawful act manslaughter?

A

An offence contained in common law with elements including an unlawful act, dangerous act, causation of death, and required mens rea.

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21
Q

What are the four elements needed to prove unlawful act manslaughter?

A
  • Unlawful act
  • Dangerous act
  • Causing the death
  • Required mens rea for the unlawful act
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22
Q

What is the test for dangerousness in unlawful act manslaughter?

A

Would the reasonable man foresee the risk of some harm in the circumstances?

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23
Q

What is gross negligence manslaughter?

A

A form of involuntary manslaughter where the defendant caused the victim’s death without the mens rea for murder.

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24
Q

What are the four elements of gross negligence manslaughter?

A
  • Duty of care owed
  • Breach of duty causing death
  • Negligence must be gross
  • Obvious risk of death
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25
What does the case of Newbury and Jones establish regarding mens rea in unlawful act manslaughter?
It does not need to be proved that the defendant was aware their acts were unlawful or foresaw harm.
26
What is the leading case for the common law offence of gross negligence manslaughter?
Adomako
27
How many elements are there in the offence of gross negligence manslaughter?
Four elements
28
Can gross negligence manslaughter be committed by omission?
Yes
29
Is there a requirement for mens rea in gross negligence manslaughter?
No mens rea needed
30
What is the first element that must be proved in gross negligence manslaughter?
The D owes V a duty of care
31
What is the second element that must be proved in gross negligence manslaughter?
The D breaches his duty of care and caused the death
32
What must be proved about the negligence in gross negligence manslaughter?
Must be proved the negligence was gross
33
What is the fourth element that must be established in gross negligence manslaughter?
Obvious risk of death
34
In an exam, how should you address the duty of care?
State there is a duty present or apply the test from Donoghue v Stevenson
35
What case confirmed that a doctor owes a duty of care to patients?
Adomako
36
Name a case that illustrates a voluntary assumption of care.
Stone and Dobinson
37
What case illustrates a duty arising from a public office?
Dytham
38
What case illustrates a duty arising from a contract?
Pittwood
39
What case illustrates a duty arising from a relationship?
Gibbins and Proctor
40
What case illustrates a duty arising from the creation of a dangerous situation?
Miller
41
What principle did Lord Atkin create in Donoghue v Stevenson?
Neighbourhood principle
42
What does the neighbourhood principle state?
You must take reasonable care to avoid acts or omission which you can reasonably foresee would be likely to injure your neighbour
43
Does the criminal conduct of D and V prevent a duty of care from existing?
No
44
What is required to prove that a defendant breached their duty of care?
The reasonable person standard
45
What does Blyth v Birmingham WaterWorks state regarding breach of duty?
A defendant has breached his duty if he fails to do something that the reasonable person would do or does something the reasonable person wouldn’t do
46
What standard must professionals meet according to Bolam v Friern Barnet Hospital?
Standards required of ordinary, competent professionals
47
What are the normal principles of causation that must be established to prove death?
Factual + legal causation
48
What must be established regarding the negligence in gross negligence manslaughter?
Negligence must be gross
49
What does Bateman's legal test state about gross negligence?
Defendant has shown such disregard for life and safety of others as to amount to a crime
50
What does Adomako state about the conduct of the defendant?
Whether the conduct of the defendant was so bad in all the circumstances as to amount to a criminal act or omission
51
What must be clearly established regarding the breach of duty in gross negligence manslaughter?
The breach of duty created a risk of death
52
What did Misra confirm regarding the risk that must be established?
The risk must be death, not just bodily injury or injury to health
53
What is the definition of an attempt in criminal law?
Where D intends to commit an offence, tries to commit the offence but fails to execute the offence.
54
What is the potential sentence for a defendant who attempts an offence?
D could get the same sentence as if they actually committed the offence.
55
What types of offences must be involved for an attempt to be charged?
The offence must be triable either way or indictable.
56
What must be proved for an attempt to be established?
Both actus reus and mens rea must be proved - Can't be committed by omission.
57
In the case of White, what was the outcome regarding attempted murder?
D was convicted of attempted murder as he undertook more than merely preparatory acts with intent to kill.
58
What does S.1(1) of the Criminal Attempts Act 1981 state?
If with intent to commit an offence to which the section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit that offence.
59
What is required for the actus reus of an attempt?
Evidence that D did an act which is more than merely preparatory.
60
What was the significance of the Gullefer case regarding attempts?
D's conviction was quashed as he did not move beyond merely preparatory acts; must prove D had 'embarked upon the crime proper'.
61
What two questions should be considered when establishing whether there is an attempt according to Geddes?
* Has the accused moved from planning or preparation to execution or implementation? * Has the accused done an act showing that he was actually trying to commit the full offence?
62
In Jones, what actions were deemed sufficient evidence of more than merely preparatory acts?
D getting in the car and pointing the gun at the V.
63
What must be proved regarding mens rea for an attempt?
D had intent to commit the complete offence.
64
What types of intent can satisfy the mens rea requirement?
* Direct intent * Oblique intent
65
What was the previous ruling by Easom regarding conditional intent?
Conditional intent would not suffice for an attempt.
66
What change did the CA make regarding conditional intent?
Held conditional intent will satisfy an attempt.
67
What must be proved for the mens rea of attempted murder?
D had intent to kill, which is a higher level of mens rea than for murder.
68
What case confirmed that only intent to kill is sufficient for attempted murder?
Wybrow.
69
What does S.1(2) of the Criminal Attempts Act 1981 address?
A person may be guilty of attempting to commit an offence even though the facts are such that commission of the offence is impossible.
70
What was the outcome of Anderton v Ryan regarding preparatory acts?
Although Mrs. Ryan had gone beyond merely preparatory acts, all her acts were innocent, and therefore she was not guilty.
71
What was the significance of the Shivpuri case?
D's conviction for attempting to deal in prohibited drugs was upheld despite the fact it was factually impossible to commit the offence he believed he was committing.
72
In an exam, what should be identified regarding an attempt?
Identify AR and MR of an attempt but don't need to establish the full AR/MR of the offence attempted.
73
74
What does s.54(1)(a) state?
D’s acts/omissions resulting in the killing must have been due to a loss of control.
75
Is 'loss of control' defined in statute?
No – it’s a jury question and not defined by the Act.
76
What definition of 'loss of control' was given in Jewell?
A loss of control means a loss of ability to act in accordance with considered judgment or a loss of normal powers of reasoning.
77
Can a bare assertion of loss of control be enough?
No – there must be more than D’s bare assertion (Jewell).
78
What does s.54(2) say about the timing of loss of control?
It does not have to be sudden, but the longer the delay, the harder it is to prove.
79
Which case supports ‘slow-burn’ reactions in battered women?
Ahluwalia – delay is allowed where there is a build-up (e.g. battered woman syndrome).
80
What does s.54(4) prohibit in relation to Loss of Control?
The defence is not available if D acted in a considered desire for revenge.
81
Which case showed that planning removes Loss of Control?
Ibrams and Gregory – D planned attack after days, so judge refused to allow the defence.
82
What are the two main types of qualifying triggers?
1. Fear of serious violence (s.55(3)) 2. Things said or done of an extremely grave character and causing a justifiable sense of being seriously wronged (s.55(4))
83
Explain the fear trigger (s.55(3)).
D feared serious violence from V against himself or another identified person. Subjective test – genuine fear is enough, even if unreasonable.
84
Explain the anger trigger (s.55(4)).
Things said/done must: a) Be of an extremely grave character, and b) Cause D to feel a justifiable sense of being seriously wronged. This is judged objectively.
85
Which case shows break-ups are not 'grave' or 'seriously wronging'?
Hatter – a breakup doesn’t usually count as a qualifying trigger.
86
What restrictions apply to qualifying triggers under s.55(6)?
• s.55(6)(a) + (b): If D incites the situation to create an excuse, defence fails. • s.55(6)(c): Sexual infidelity alone cannot be a qualifying trigger.
87
What did Clinton clarify about sexual infidelity?
If there are other triggers, sexual infidelity can be considered in context (e.g. taunting, humiliation). It can also be relevant to D’s circumstances in the objective test.
88
What is the test under s.54(1)(c)?
Would a person of D’s sex and age, with a normal degree of tolerance and self-restraint, and in D’s circumstances, have reacted in the same or similar way?
89
What does s.54(3) say about D’s characteristics?
Only D’s circumstances are considered — not characteristics affecting their self-control (e.g. hot temper, low IQ irrelevant).
90
Which case says characteristics like hot temper are irrelevant?
Holley – only age and sex of D are relevant to level of self-restraint.
91
When can characteristics be considered under s.54(1)(c)?
If they relate to the circumstances of the provocation, not D’s self-control capacity (e.g. PTSD, sexual abuse history).
92
Which case allowed consideration of sexual abuse history?
Hill – D was sexually abused as a child; relevant to the impact of provocation, not tolerance.
93
Is intoxication relevant in the objective test?
No – Asmelash confirmed that the reasonable person is not intoxicated, even if D was.
94
What did Van Dongen clarify?
Jury may accept that the reasonable person would lose control, but not react in the same way (e.g. repeated kicks while V lay on the floor).

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