Murder + Involuntary Manslaughter (UAM + GNM) + Reckless Manslaughter Flashcards
AR of murder
(i) unlawful (ii) killing of another (iii) person in (iv) the King’s peace
what type of crime/offence is murder (2)
-result crime; D’s act/omission must take place in specific circs (ie King’s peace ) and results in V’s death
-constructive liability offence (D’s liability constructed upon lesser MR (GBH))
how is AR conduct element satisfied
by any conduct that causes V’s death, type of conduct is irrelevant
name 3 cases and their legal principles regarding (iii) a person
R v Poulton; foetuses cant be murdered, must be born alive
R v Senior; murder if born alive but dies of prior injuries
AG’s Ref (No.3 1994); no transferred malice of intent to harm mother of foetus
what happened/ is the legal principle of R v Poulton
foetuses cannot be murdered, must be born alive
what happened/ is the legal principle of R v Senior
murder if born alive but dies of prior injuries
what happened/ is the legal principle of murder if born alive but dies of prior injuries
AG’s Ref (No.3 1994)
no transferred malice of intent to harm mother of foetus
give 3 cases/ legal principles regarding the definition of death
Re: A (a minor); medical definition of death
R v Malcherek & Steel; confirms Re: A (a minor) + brain death = death
R v Bland; ppl in permanent vegetative states and comas = alive
what happened/ is the legal principle in Re: A (a minor)
death = medical definition of death
what happened/ is the legal principle of R v Malcherek & Steel
-confirms Re: A (a minor) -brain death = death
what happened/ is the legal principle of R v Bland
ppl in permanent vegetative states and comas = alive
when should (i) unlawful be considered
(i) it is not unlawful if there is a defence, consider with defences
name 2 cases + their legal principles regarding (ii) killing of another
- R v Adams; D must accelerate V’s death by a more than negligible amount
-done by an act or omission ( difficulty establishing intent to kill/ cause GBH (R v Gibbons and Procter)
what happened/ is the legal principle in R v Adams
D must accelerate V’s death by a more than negligible amount
what happened/ is the legal principle in R v Gibbons and Procter
murder by omission is rare as it is difficult to establish intent to kill/ cause GBH
when should (ii) killing of another be considered
with causation
what is MR for murder
intention to kill (express malice) or cause GBH (implied malice)
give 2 cases + their legal principles regarding intention to kill/cause GBH
Vickers; intent to cause GBH is sufficient
Cunningham; confirmed Vickers + D can be reckless as to the possibility of causing foreseeable harm/GBH
what happened/ is the legal principle in Vickers
-D struck old woman to avoid being recognised while burgling her, she died
-intent to cause GBH is sufficient
what happened/ is the legal principle in Cunningham
-appellant gassed MIL by removing gas meter connected to her house for money
-confirmed Vickers
-D can be reckless as to the possibility of causing foreseeable harm/GBH
give 2 cases and the legal principles for direct intention
Moloney; no need to direct jury what intention means
-Woollin;jury may find intention if they are sure that (i)death/GBH was a virtual certainty (from D’s actions) and (ii) D appreciated that –> indirect intent
what happened/ is the legal principle of Moloney
no need to direct jury on what intention is
what is meant by GBH ( use case law)
DPP v Smith; GBH = really serious harm
what happened/ is the legal principle of DPP v Smith
GBH= really serious harm
what happened / is the legal principle in Woollin
-jury may find (indirect) intention if they are sure that
(i)death/GBH was a virtual certainty (from D’s actions) and
(ii) D appreciated that was the case
what are the types of involuntary manslaughter
Constructive/ UAM
Gross Negligence Manslaughter
what type of crime is constructive/ UAM
-result crime
-manslaughter = constructed from liability for a base crime
AR for Constructive/ UAM
-D performed act which is (i) unlawful (ii) dangerous and (iii) which caused V’s death
-confirmed in A-G’s Ref (No 2 0f 1994)