Murder cases Flashcards
Actus Reus of Murder
Omission via a relationship
Gibbons and Proctor
Actus Reus of Murder
Omission taken voluntarily
Stone and Dobinson
Actus Reus of Murder
Omission via an official position
R v Dytham
Actus Reus of Murder
Omission via a statutory duty
Road traffic act 1988 s.170
Actus Reus of Murder
Omission via a contractual duty
R v Pittwood
Actus Reus of Murder
Omission via a chain of events set in motion by the d
R v miller
Mens rea of murder
Indirect intent
R v Nedrick
Woolin
Matthews and Alleyene
Mens rea of murder
Intent to cause serious harm
Vickers
Murder defences
Diminished responsibility
Original act that created diminished responsibility
S.2 Homicide Act 1957
Murder defences
Diminished responsibility
Updated act for diminished responsibility
S.52 Coroners and Justice Act 2009
Murder defences
Diminished responsibility
Abnormality of mental functioning
R v Byrne
Murder defences
Diminished responsibility
Recognised medical condition
Psychopathy
R v Byrne
Murder defences
Diminished responsibility
Recognised medical condition
Paranoia
Tony Martin
Murder defences
Diminished responsibility
Recognised medical condition
Epilepsy
Campbell
Murder defences
Diminished responsibility
Recognised medical condition
Depression
Gitten
Seers
Murder defences
Diminished responsibility
Recognised medical condition
Postnatal depression
R v Reynolds
Murder defences
Diminished responsibility
Recognised medical condition
PTSD
Bradley
Murder defences
Diminished responsibility
Recognised medical condition
Battered woman’s syndrome
Ahluwalia
Thornton
Murder defences
Diminished responsibility
Substantially impairs
Egan
Murder defences
Loss of Control
What was the original law?
provocation law
Murder defences
Loss of Control
Act where it is found
s.54 and s.55 Coroners and Justic Act 2009
Murder defences
Loss of Control
Cases for the d lost self-control
Master of their own mind
Ibrams and Gregory
Murder defences
Loss of Control
Qualifying Trigger
d fears serious violence from the v
R v Ward
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
R Zebedee
R v Hatter
Murder defences
Loss of Control
Qualifying Trigger
a combination of both fear and things said or done
R v Dawes
Murder defences
Loss of Control
Restrictions on Qualifying Triggers
Sexual Infedelity
Clinton
Murder defences
Loss of Control
The Objective Test
Camplin
Murder defences
Loss of Control
The d lost control
doesn’t need to be sudden and temporary
Baillie
Murder defences
Loss of Control
The d lost control
allows for gradual and provoking acts
Ahluwalia
Thornton
Murder defences
Loss of control
Objective test
Does not consider characteristics like alcoholism
Holley - alcohol
Ashmelash - drugs
Muder defences
Loss of control
the d lost control
must be a provoking factor and evidence for loss of control
Jewell
