Offences Against the Person Flashcards
Pregnancy
A baby is considered to be ‘another human being’ when it has been expelled from the womb and has an existence independent from its mother (would not cover still born babies).
D- Intends to cause GBH/Murder to baby then can be convicted of murder if dies after being born alive. ALL DEPENDS ON D INTENTIONS AT THE TIME.
Murder (common law)
Murder is committed when a person
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unlawfully kills
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another human being
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under the Queen’s Peace
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with malice aforethought
The defendant must have intended to kill or cause GBH for the offence of murder to be made out. (malice aforethought- ass premediation not req.
Year and 1 day
If a victim of an alleged murder dies more than three years after receiving their injury then the consent of the Attorney-General (or Solicitor-General) is needed before bringing a prosecution.
Consent is also needed if D has already been convicted of an offence committed under the circumstances connected with the death
Special Defences
- Loss of Control
- Diminished Responsibility
- Suicide Pact
Loss of Control
Did the defendant lose control and kill because of a ‘qualifying trigger’?
Would a person of the same age and sex as the defendants, with a normal degree of tolerance and self-restraint, have done the same?
N.B – The ‘loss of control’ does not need to be immediate, and it can be sometime in the future.
Qualifying trigger
fear of serious violence from V against D or other person identified
Can’t be used if it was incited to be done to cause excuse for violence
D must have justifiable sense of been seriously wronged (cant use sexual infidelity)
Diminished Responsibility
Was the defendant suffering from an abnormality of mental functioning?
(post-natal depression, premenstrual symtoms, battered wives, grief reaction-physical relationship with aunt,
Did it substantially impair his/her mental responsibility for his/her acts?
Suicide Pact
Was there a suicide pact (i.e. an agreement to kill each other)?
Did the defendant have the settled intention of dying at the time the killing took place?
Manslaughter by unlawful act.
Has an inherently unlawful act been committed? (i.e. a criminal offence of any type – theft, damage, assault)
Would the general public consider that the consequences of this act involve a risk of someone being harmed (NOT ALWAYS SERIOUS, must be physical)?
Driving not included unless intend to assault then manslaughter,
drug dealer not responsible for user due to break in chain causation, omission not suffice must be an act.
Did the defendant have the required mens rea for the unlawful act (shoot gun needs mens rea cause harm not just as joke, voluntary intoxication does not apply)?
R Risk of Harm (Objective)
U Unlawful Act (inherently)
M Mens Rea for the act
Manslaughter by gross negligence
Where an individual has died due to the gross negligence of another, there may be criminal liability.
R v Adomako [1995], where an anaesthetist had failed to notice (for six minutes) that a patient’s oxygen supply had become disconnected from a ventilator during an operation. As a result, the patient suffered a cardiac arrest and died.
Prove was reckless, civil liability not enough,
Corporate Manslaughter
The activities were managed or organised must have fallen far below what could reasonably have been expected. The failure to manage or organise activities properly must have caused the victim’s death.
A A duty of care was owed
B Breached that duty
C Criminal punishment is deserved because
D Death was caused
Assault
An assault is any act which intentionally, or recklessly, causes another person to apprehend immediate and unlawful violence.
Assaults can be made by words or gestures alone.
Silent phone calls can amount to an assault
Sending letters which contain a threat may amount to ABH
A conditional threat is not an assault (if the police were not here, I would kick your face in) in contrast “if you don’t cross the road ill break your neck” have been held.
Battery
Actual infliction of unlawful physical violence (whether intentionally or recklessly).
ABH - S47
‘any hurt or injury calculated to interfere with the health and comfort of the victim’
Injuries may include:
Cases where there are a need for stitches;
Hospital procedure under anaesthetic;
A kick leading to loss of conciseness;
Cutting a person’s hair against their will (nails included);
Loss or breaking of teeth;
Psychiatric harm going beyond fear, distress, or panic.
20 Wounding
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person either with or without any weapon or instrument shall be guilty of an offence
intention not required
Permanent disability or visible disfigurement;
Indirect menacing calls psychiatric harm D behaviour resulted in harm to V
Broken or displaced limbs or bones;
Breaking skin (cheek, lip, urethra)
Large amount minor wounds amount GBH on agg burglary
Injuries requiring blood transfusion or lengthy treatment; or
Infection of another with HIV/herpes (informed consent-clues of infection hospital physical signs).
