Murder / Involuntary Manslaughter

Question 1

Define murder

Answer 1

The unlawful killing of a human being under the kings peace with malice aforethought express or implied

Question 2

What is the AR of murder

Answer 2

Unlawful, Killing, of a human being, during the kings peace

Question 3

Act or omission?

Answer 3

If act, state it, if omission, what was the duty?

Question 4

Causation

Answer 4

Factual & Legal, but for + more than the minimal

Question 5

What is the MR of murder

Answer 5

Malice aforethough, express or implied

Question 6

What does the MR consist of

Answer 6

An intention to kill or cause GBH (Vickers) - direct - It can also include oblique intent.

Question 7

Define oblique intent

Answer 7

Where the outcome was virtually certain and D realised this

Question 8

Defences for murder?

Answer 8

Diminished responsibility (Partial) Loss of control (Partial)

Question 9

how many stages in the test for Diminished responsibility

Answer 9

3

Question 10

Stage 1 diminished responsibility

Answer 10

RMC (recognised medical condition)

Question 11

Stage 2 diminished responsibility

Answer 11

It must substantially impair Ds ability to do one of three things:
- understand the nature
- form rational judgement
- exercise self control

Question 12

Stage 3 diminished responsibility

Answer 12

Must be substantial - eg. egan defined as more than trivial, less than total.

Question 13

Stage 4 diminished responsibility

Answer 13

Stage 3 must provide an explanation for d’s actions

Question 14

Rule on intoxication & drug us

Answer 14

ignore the intoxication - if suffering from alcohol or drug dependency the alcohol or drugs must attribute towards the impairments

Question 15

What are the three main elements for loss of control

Answer 15

• must suffer a loss of control or a loss of all powers of reasoning
• loss of control doesnt need to be sudden but not available for revenge
• qualifying trigger, fear or anger

Question 16

Define the anger trigger

Answer 16

1- constituted circumstances of an extremely grave character
2- caused the defendant to have a justifiable sense of being seriously wronged.

Question 17

UAM - 4 elements

Answer 17

• Criminal act not omission
• must be dangerous (likely to cause some harm)
• must be the cause of death
• Must have the mr for the unlawful act upon which the liability is based

Question 18

GNM - 5 elements

Answer 18

• Owe a duty of care
• must breach the duty
• must be the cause of death
• must be “gross” as to the conduct (disregard for life and safety of others)
• Risk of death