Murder, constructive and voluntary manslaughter Flashcards
What is the AR of murder?
Unlawful killing of a human being
Is a foetus a human being? Which case?
No. R v Poulton
What is the test for causation in fact?
But for the defendant’s actions- would the death have occurred? R v White
What is the test for legal causation?
A defendant will be responsible for causing a death in law if his conduct was still the “operating and substantial” cause of death.
R v Malcherek and Steel
There may be multiple causes of death, but this does not prevent liability. Which case?
R v Pagett
That the victim had a “think skull” is no defence to murder. Which case?
R v Blaue
In which case did the victim refuse medical treatment and the defendant was still convicted of murder?
R v Blaue
The defendant must cause a “significant acceleration” in a victim’s death to be the cause of their death. Which case?
R v Cheshire
What is GBH?
“Really serious harm”. DPP v Smith
What are the two types of voluntary manslaughter?
- Loss of control
2. Diminished responsibility
The legal burden of disproving a loss of control remains with the prosecution. Which section of which Act?
Section 54(5) Coroners and Justice Act 2009
What are the 5 elements of a loss of control?
- D’s acts resulted from a loss of control
- The loss of control had a qualifying trigger
- A person of D’s age, sex and characteristics might have reacted in the same way to D
The mens rea for murder is intending to cause death or GBH. Which case?
R v Vickers
What are the 4 elements of diminished responsibility?
If the defendant was suffering from an:
- Abnormality of mental functioning.
- Arose from a recognised medical condition
- Substantially impaired D’s ability to exercise self control
- Explanation for the conduct
In what case did the House of Lords hold that the abnormality of mental functioning did not have to be the sole cause of the defendant’s act in killing the victim?
Dietschmann
What is the AR of unlawful act manslaughter?
- An unlawful act
- Which is dangerous
- And causes death
What is the MR of unlawful act manslaughter?
Intention as to the unlawful act
What does “dangerous” mean? Is it a subjective or objective test? Which case?
Whether a sober and reasonable person would recognise the act was dangerous. It is an objective test.
R v Church
In which case did a burglar throw a brick through the window of a 87 year old man, verbally abuse him and then leave?
The burglar was convicted of manslaughter when the man died shortly after due to a heart condition as their assault was “dangerous”.
R v Watson
In which case was it found that defendant’s throwing a paving stone over a railway bridge was an unlawful act which was dangerous?
DPP v Newbury
What are the five elements of gross negligence manslaughter?
- The defendant owed the victim a duty of care
- The defendant breached that duty of care
- The breach of duty caused the death
- The defendant’s conduct was so grossly negligent it is “worthy of criminal punishment”
In which case is the test for gross negligence manslaughter established?
R v Adomako
In R v Adomako what did Lord Mackay hold to be the meaning of “negligent”?
“The ordinary principles of the law of negligence apply to ascertain whether or not the defendant has been in breach of a duty”
“The ordinary principles of the law of negligence apply to ascertain whether or not the defendant has been in breach of a duty”. Which Judge in which case?
Lord Mackay in R v Adomako
