Murder cases Flashcards

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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

A

Bradley

18
Q

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

A

Ahluwalia
Thornton

19
Q

Murder defences
Diminished responsibility
Substantially impairs

A

Egan

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

A

R v Ward

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
Q

Murder defences
Loss of Control
Qualifying Trigger
a combination of both fear and things said or done

A

R v Dawes

26
Q

Murder defences
Loss of Control
Restrictions on Qualifying Triggers
Sexual Infedelity

A

Clinton

27
Q

Murder defences
Loss of Control
The Objective Test

A

Camplin

28
Q

Murder defences
Loss of Control
The d lost control
doesn’t need to be sudden and temporary

A

Baillie

29
Q

Murder defences
Loss of Control
The d lost control
allows for gradual and provoking acts

A

Ahluwalia
Thornton

30
Q

Murder defences
Loss of control
Objective test
Does not consider characteristics like alcoholism

A

Holley - alcohol
Ashmelash - drugs

31
Q

Muder defences
Loss of control
the d lost control
must be a provoking factor and evidence for loss of control

A

Jewell