Murder cases Flashcards

1
Q

Actus Reus of Murder
Omission via a relationship

A

Gibbons and Proctor

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2
Q

Actus Reus of Murder
Omission taken voluntarily

A

Stone and Dobinson

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3
Q

Actus Reus of Murder
Omission via an official position

A

R v Dytham

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4
Q

Actus Reus of Murder
Omission via a statutory duty

A

Road traffic act 1988 s.170

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5
Q

Actus Reus of Murder
Omission via a contractual duty

A

R v Pittwood

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6
Q

Actus Reus of Murder
Omission via a chain of events set in motion by the d

A

R v miller

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7
Q

Mens rea of murder
Indirect intent

A

R v Nedrick
Woolin
Matthews and Alleyene

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8
Q

Mens rea of murder
Intent to cause serious harm

A

Vickers

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9
Q

Murder defences
Diminished responsibility
Original act that created diminished responsibility

A

S.2 Homicide Act 1957

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10
Q

Murder defences
Diminished responsibility
Updated act for diminished responsibility

A

S.52 Coroners and Justice Act 2009

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11
Q

Murder defences
Diminished responsibility
Abnormality of mental functioning

A

R v Byrne

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12
Q

Murder defences
Diminished responsibility
Recognised medical condition
Psychopathy

A

R v Byrne

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13
Q

Murder defences
Diminished responsibility
Recognised medical condition
Paranoia

A

Tony Martin

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14
Q

Murder defences
Diminished responsibility
Recognised medical condition
Epilepsy

A

Campbell

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15
Q

Murder defences
Diminished responsibility
Recognised medical condition
Depression

A

Gitten
Seers

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16
Q

Murder defences
Diminished responsibility
Recognised medical condition
Postnatal depression

A

R v Reynolds

17
Q

Murder defences
Diminished responsibility
Recognised medical condition
PTSD

18
Q

Murder defences
Diminished responsibility
Recognised medical condition
Battered woman’s syndrome

A

Ahluwalia
Thornton

19
Q

Murder defences
Diminished responsibility
Substantially impairs

20
Q

Murder defences
Loss of Control
What was the original law?

A

provocation law

21
Q

Murder defences
Loss of Control
Act where it is found

A

s.54 and s.55 Coroners and Justic Act 2009

22
Q

Murder defences
Loss of Control
Cases for the d lost self-control
Master of their own mind

A

Ibrams and Gregory

23
Q

Murder defences
Loss of Control
Qualifying Trigger
d fears serious violence from the v

24
Q

Murder defences
Loss of Control
Qualifying Trigger
things said or done from a grave character that caused the d to have a justifiable sense of being seriously wronged

A

R Zebedee
R v Hatter

25
Murder defences Loss of Control Qualifying Trigger a combination of both fear and things said or done
R v Dawes
26
Murder defences Loss of Control Restrictions on Qualifying Triggers Sexual Infedelity
Clinton
27
Murder defences Loss of Control The Objective Test
Camplin
28
Murder defences Loss of Control The d lost control doesn't need to be sudden and temporary
Baillie
29
Murder defences Loss of Control The d lost control allows for gradual and provoking acts
Ahluwalia Thornton
30
Murder defences Loss of control Objective test Does not consider characteristics like alcoholism
Holley - alcohol Ashmelash - drugs
31
Muder defences Loss of control the d lost control must be a provoking factor and evidence for loss of control
Jewell