Murder, Manslaughter etc

Question 1

AR Murder

Answer 1

D causes V, a human being
to die
during peacetime

Question 2

MR Murder

Answer 2

Intention to kill or cause GBH (Moloney 1985)

Sometimes implied malice

Question 3

AR Reckless Manslaughter

Answer 3

Prosecution must prove D caused V to die

Question 4

MR Reckless Manslaughter

Answer 4

D was reckless as o (Foresaw) the risk of serious harm to V

Question 5

AR Unlawful Act Manslaughter

Answer 5

D committed unlawful act (Ar and MR for offence)

Question 6

MR Unlawful Act Manslaughter

Answer 6

The act was dangerous, foreseeable that it would cause harm.

Act resulted in V’s death

Question 7

Adomako- necessary for prosecution to establish that D: for gross negligence

Answer 7

1. owed DoC to victim
2. was in breach of duty
3. BoD caused death
4. D’s conduct was so bad in all the circumstances as to amount in the jury’s opinion to a crime

Question 8

Gross Negligence MR

Answer 8

R v Adomako required no proof of mens rea on behalf of D