Unit 1 Section B: Elements Flashcards
The first element of GNM is
That the defendant owed the victim a duty of care e.g Wacker
The second element of GNM is
That the defendant breached the duty of care
The third element of GNM is
That the D showed a blatant disregard of the lives of others
The fourth element of GNM is
That in the eyes of the jury it’s GNM
The first element of insanity is
That the D is suffering from a disease of the mind
The second element of insanity is
That the disease of the mind causes a defect of reasoning.
The third element of insanity is
“So that the D cannot understand the nature and quality of his conduct or that he was doing what was wrong.”
The first element of UAM is
That the D committed an unlawful act that caused V’s death
The second element of UAM is
That the unlawful act was of a dangerous kind
The third element of UAM is
The D had mens rea of the unlawful act
Element 1 of loss of control is
That the D lost self-control
Element 2 of loss control is
That the D’s loss of control ha a qualifying trigger
The third element of loss of control is
A person of the defendants age and sex, with a normal degree of tolerance and self-restraint and in the circumstances of defendant, might have reacted in the same or similar way
The 1st element of diminished responsibility is
D is not to be convicted of murder if he is “suffering from an abnormality of mental functioning.”
The 2nd element of diminished responsibility is
That the abnormality of mental functioning substantially impaired D’s ability to
- Exercise self-control
- Make a reasonable judgement
- Form a rational judgement
