Murder, constructive and voluntary manslaughter

Question 1

What is the AR of murder?

Answer 1

Unlawful killing of a human being

Question 2

Is a foetus a human being? Which case?

Answer 2

No. R v Poulton

Question 3

What is the test for causation in fact?

Answer 3

But for the defendant’s actions- would the death have occurred? R v White

Question 4

What is the test for legal causation?

Answer 4

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

Question 5

There may be multiple causes of death, but this does not prevent liability. Which case?

Answer 5

R v Pagett

Question 6

That the victim had a “think skull” is no defence to murder. Which case?

Answer 6

R v Blaue

Question 7

In which case did the victim refuse medical treatment and the defendant was still convicted of murder?

Answer 7

R v Blaue

Question 8

The defendant must cause a “significant acceleration” in a victim’s death to be the cause of their death. Which case?

Answer 8

R v Cheshire

Question 9

What is GBH?

Answer 9

“Really serious harm”. DPP v Smith

Question 10

What are the two types of voluntary manslaughter?

Answer 10

1. Loss of control

2. Diminished responsibility

Question 11

The legal burden of disproving a loss of control remains with the prosecution. Which section of which Act?

Answer 11

Section 54(5) Coroners and Justice Act 2009

Question 12

What are the 5 elements of a loss of control?

Answer 12

1. D’s acts resulted from a loss of control
2. The loss of control had a qualifying trigger
3. A person of D’s age, sex and characteristics might have reacted in the same way to D

Question 13

The mens rea for murder is intending to cause death or GBH. Which case?

Answer 13

R v Vickers

Question 14

What are the 4 elements of diminished responsibility?

Answer 14

If the defendant was suffering from an:

1. Abnormality of mental functioning.
2. Arose from a recognised medical condition
3. Substantially impaired D’s ability to exercise self control
4. Explanation for the conduct

Question 15

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?

Answer 15

Dietschmann

Question 16

What is the AR of unlawful act manslaughter?

Answer 16

1. An unlawful act
2. Which is dangerous
3. And causes death

Question 17

What is the MR of unlawful act manslaughter?

Answer 17

Intention as to the unlawful act

Question 18

What does “dangerous” mean? Is it a subjective or objective test? Which case?

Answer 18

Whether a sober and reasonable person would recognise the act was dangerous. It is an objective test.

R v Church

Question 19

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”.

Answer 19

R v Watson

Question 20

In which case was it found that defendant’s throwing a paving stone over a railway bridge was an unlawful act which was dangerous?

Answer 20

DPP v Newbury

Question 21

What are the five elements of gross negligence manslaughter?

Answer 21

1. The defendant owed the victim a duty of care
2. The defendant breached that duty of care
3. The breach of duty caused the death
4. The defendant’s conduct was so grossly negligent it is “worthy of criminal punishment”

Question 22

In which case is the test for gross negligence manslaughter established?

Answer 22

R v Adomako

Question 23

In R v Adomako what did Lord Mackay hold to be the meaning of “negligent”?

Answer 23

“The ordinary principles of the law of negligence apply to ascertain whether or not the defendant has been in breach of a duty”

Question 24

“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?

Answer 24

Lord Mackay in R v Adomako