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A2 Law - RD > Murder and Voluntary Manslaughter > Flashcards

Murder and Voluntary Manslaughter Flashcards

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1
Q

Murder definition

A

Murder is the unlawful killing of a human being under the King’s peace with malice aforethought (express or implied by law)

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2
Q

What type of offence is murder?

A

Common law offence

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3
Q

Authority for murder definition

A

Lord Coke

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4
Q

Actus Reus of Murder

A

The unlawful killing

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5
Q

AR of murder committed through…

A

A postive act or an omission

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6
Q

Omissions

A

Parent/ child = Gibbons & Proctor

Voluntarily assumed reaponsibility = Stone & Dobinson

Contractual duty = Pittwood

Public duty = Dytham

Started a chain of events = Miller

Statutory = s.170 Road Traffic Act 1988

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7
Q

When is a killing lawful?

A

Actions such as turning off life support (Malcharek) or operating to save one patient but killing another (Re A)

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8
Q

Second element under AR of murder

A

A foetus is not a human being (AG’s Ref No. 3)

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9
Q

Third element of AR of Murder

A

Under the Kings peace - D has not killed in battle (Page)

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10
Q

Causation for Murder

A

Factual and legal causation

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11
Q

Factual causation

A

‘But for’ D’s unlawful killing V would have died

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12
Q

Case for factual causation

A

White

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13
Q

Legal causation

A

D’s actions contributed to the death in a more than minimal way and is the operating and substantiating cause of death

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14
Q

Case for legal causation

A

R v Smith

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15
Q

Novus Actus Interveniens =

A

Intervening act

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16
Q

Intervening acts

A

Act of third party/ medical negligence (Smith/ Cheshire)
V’s own actions (Roberts)

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17
Q

The act of the third party must what in order to break the chain of causation?

A

More than a minimal cause/ operating and substantiating cause

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18
Q

The V’s own actions must what in order to break the chain of causation?

A

Reasonably forseeable

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19
Q

Thin skull rule

A

D must take the V as they find them

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20
Q

Case for thin skull rule

A

R v Blaue

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21
Q

Mens Rea of Murder

A

Malice aforethought

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22
Q

Malice aforethought is…

A

Malice = hatred
Aforethought = pre planned (on the spot killings included)

23
Q

Express Malice

A

D intends to kill V.
Direct intent - aims/ desires V’s death.

24
Q

Case for express malice

A

R v Mohan/ Belfon

25
Q

Express malice can also include…

A

Oblique intention

26
Q

Oblique intention

A

V’s death is a virtual certainty due to D’s actions and D realises this

27
Q

Case for oblique intention

A

R v Woolin

28
Q

Malice aforethought can also be…

A

Implied malice

29
Q

Implied malice

A

D intends to cause ‘really serious harm’ and V dies

30
Q

Case for implied malice

A

R v Vickers

31
Q

Implied malice can also include…

A

Direct intention (Mohan/ Belfon)
Oblique intention (Woolin)

32
Q

Partial defences to murder

A

Dimished responsibility and loss of control

33
Q

What do these partial defences do to the charge of murder?

A

Reduce it to voluntary manslaughter if successfull

34
Q

Act of Parliament for diminished responsibility

A

S2 of the Homicide Act 1957 as amended by S52 of the Coroners and Justice Act 2009.

35
Q

Diminished responsibility definition

A

D was suffering an abnormality of mental functioning from a recognised medical condition which substantially impaired his ability to do one of three specified things and explains his act or omission in killing.

36
Q

First element of test

A

D must have/ suffer with an abnormality of mental funtioning

37
Q

S52 1 (A)

A

Abnormality of mental functioning

38
Q

Byrne case definition

A

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

39
Q

AMF must be caused by…

A

A recognised medical condition

40
Q

Case examples of AMF

A

Chronic depression (Seers)
Batterered wife syndrome (Ahluwalia)
Mental deficiency (Speake)
Post natal depression (Reynolds)
Alcohol dependency (Wood)
Pre- menstrual tension (Smith)
Sexual psychopath (Byrne)

41
Q

Second element of the test

A

D must be substantially impaired

42
Q

S52 1 (C)

A

D’s ability to do one or the 3 things must be substantially impaired

43
Q

The 3 things

A

A) understand nature of his conduct
B) form a rational judgment or
C) exercise self control

44
Q

The impairment must be

A

‘Important or weighty’ (Gold)

45
Q

Substantial impairment cannot come from

A

Intoxication alone (Egan/ Dowds)

46
Q

Third element

A

Explains D’s act or omission in killing

47
Q

S52 1 (C)

A

AMF must explain D’s conduct in killing V

48
Q

The test

A
  1. Factual causation - ‘but for’ (White)
  2. Legal - AMF more minimal cause of killing (Smith)
49
Q

Partial defence succeeds

A

D’s murder charge drops to voluntary manslaughter

50
Q

Partial defence fails

A

D will still be charged with murder

51
Q

Section for test 1 for DR?

A

S52 1 (A)

52
Q

Section for test 2 for DR?

A

S52 1 (B)

53
Q

Section for test 2 for DR?

A

S52 1 (C)

A2 Law - RD (18 decks)

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