week 8 lecture 1 Flashcards
What distinguishes murder from manslaughter?
Murder requires intent to kill or cause serious injury, while manslaughter involves mitigating factors (e.g., provocation) or lack of intent.
What is direct intent in murder cases?
The accused explicitly aims to cause death or serious harm (DPP v. Murray
What is oblique intent in murder cases?
Death or serious harm is a virtually certain outcome of the accused’s actions, even if unintended (Hyam v. DPP).
What factors can reduce murder to voluntary manslaughter?
Provocation, diminished responsibility, or excessive force in self-defense
What is the legal significance of R v. Duffy in provocation cases?
Provocation must cause a sudden loss of control that makes the accused unable to think rationally.
Why was Mancini v. DPP significant?
It clarified that minor attacks, like a fistfight, do not justify lethal retaliation.
What is the “reasonable man” test?
It assesses how a normal person, without specific traits, would react in the same situation (Bedder v. DPP).
How does R v. White relate to attempted murder?
8: It established that attempted murder requires intent to kill.
What is involuntary manslaughter by unlawful and dangerous act?
A killing caused by an act that is inherently dangerous and illegal.
What is gross or criminal negligence in manslaughter?
A failure to perform a legal duty with recklessness or extreme carelessness.
How does consent apply to sports injuries?
In sports like boxing, participants consent to harm within the sport’s rules (e.g., Benny Paret vs. Emile Griffith).
What does excessive force in self-defense mean?
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Using more force than reasonably necessary but genuinely believing it was needed
