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#Law crime and legal s > 2020-Fatal Offences > Flashcards

2020-Fatal Offences Flashcards

1
Q

What is murder

A

Unlawful killing of a reasonable person in being and under the queens peace with malice aforethought express or implied

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2
Q

What is the actus reus of murder

A

Killing
Reasonable creature in being
Under Queen’s peace
Unlawful

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3
Q

What is the men’s rea for murder

A

Expression intention to kill (direct/oblique)

Implied intention to cause GBH

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4
Q

What is considered in the killing aspect of AR

A

Factual and legal causation

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5
Q

Factual causation is

A

But for test

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6
Q

What is legal causation

A

Multiple causes? if so was it substantial ?
Thin skull rule?

Unbroken chain
Vs own act
Unpredictable event
Third party act

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7
Q

Reasonable creature in being means what

A

Human in being

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8
Q

What isn’t classed as a reasonable creature in being

A

A foetus

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9
Q

Is a brain dead person a reasonable creature in being

A

Yes

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10
Q

What does under the queen’s peace mean

A

The country is not at war

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11
Q

What are the exceptions making something lawful

A

Self defence
Defence of another
Prevent crime

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12
Q

What is express intention to kill

A

Direct- wishes for direct consequence

Oblique- main aim was something but D saw death as virtually certain

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13
Q

Implied intention to cause GBH a means …

A

Intention to cause serious harm to victim

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14
Q

R v gibbins and proctor

A

Father and stepmother fails to feed child and the child dies
Omission

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15
Q

R v vickers

A

d breaks into shop where he knows v (owner is deaf) she sees him so he beats her up and she dies
Intent to commit GBH enough for murder

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16
Q

R v moloney

A

No intention to shoot father

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17
Q

N v Nedrick

A

Paraffin through letter box kills family

1) how probable that death would occur of Ds act
2) did D foresee consequences

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18
Q

R v woolin

A

Changes two questions of nedrick to death is a virtual certainity

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19
Q

Problems with murder

A 
Developed by cases 
Conviction even though no intent to kill
No defence for excessive self defence 
Duress not available 
No variation in mandatory life sentence
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20
Q

What was the law commissions proposals for reform

A

Introduce a first degree and second degree murder

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21
Q

What did the government do to change

A

Ignored idea of two different offence however introduced reform that there should be defence for excessive force in self defence

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22
Q

What is voluntary manslaughter

A

Actus Reus and means Rea but MR due to LOC or DR

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23
Q

What is in diminished responsibility

A

Arose from recognised medical condition
Substantially impaired
Provides explanation for an act

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24
Q

R v Byrne

A

Sexual psychopath didn’t realise his conduct was wrong

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25
What conditions were added to medical conditions in the CJA 2009
``` Depression Dementia PTSD Schizophrenia Adjustment disorder ```
26
What are the three aspects of substantially impaired
Understood nature of conduct Ability to form a rational judgement Ability to exercise self control
27
R v golds
Man has abnormality of mental functioning however he wasn’t substantially impaired- sc held murder conviction
28
What is the last aspect of DR
Explains Ds act
29
Dr and intoxication- what are the three possibilities to consider
1) Intoxication at the time and they wish to use Dr as a defence 2) D was intoxicated and has recognised medical condition 3) Intoxication due to addiction
30
What happens if D was intoxicated and wish to use DR as a defence
Intoxication alone isn’t recognised as a condition. Requires abnormality of mental functioning
31
What happens if someone is intoxicated and has a recognised medical condition
The abnormality must have occurred regardless of drink or drugs- R v Deutschmann
32
What happens if someone is intoxicated due to addiction
ADS someone can’t control that so they will successfully get voluntary manslaughter - r v wood
33
what was reform of diminished responsibility suggested in
Murder manslaughter and infanticide- law commission report 2006
34
what are the two main issues of DR
burden of proof is on D to prove his illness | developmental immaturity can't be used even though it can affect those under 18
35
what are the three aspects to LOC
D must have lost self control there must be a qualifying trigger person of same age and sex must have acted in the same way
36
what are the main points on loss of self control
it doesn't need to be sudden however when premeditated it less likely to be accepted. anger not taken into consideration
37
R v jewell
man with shotgun kills man, found with items like survival kit suggests it wasn't a loss of control
38
what are the two qualifying triggers in LOC
fear of serious violence things said or done which constituted circumstances of n extremely grave character which caused D to think he would be seriously wronged
39
what does r v ward show
the violence feared can be someone to else
40
what does r v Dawes show
sexual infidelity and violence you have caused is not a qualifying trigger
41
what does r v zebedee show
must be a justifiable sense of being seriously wronged
42
what does r v clinton show
sexual infidelity can be included when included with other matters
43
what other circumstances can be taken into account
depression, epilepsy or history of sexual abuse
44
what is not taken into account
voluntary intoxication
45
what does Jury consider in loc
Whether a normal person would have acted the same
46
what is the effect of LOC
reduces to manslaughter
47
what are the problems with loc
Does not cover situations where a woman in abusive situation kills through anger fear and frustration no loger covers sexual infidelity fear of serious violence is not enough
48
what is the difference between voluntary manslaughter and involuntary
voluntary- intention to kill or cause GBH | involuntary- no intention
49
what are the ways someone can commit IV manslaughter
UdAM - unlawful act manslaughter | gross negligence manslaughter
50
what are the elements of UDAM
complete an unlawful act must be dangerous on an objective test must cause death mr for unlawful act
51
what is not enough for a unlawful act
a civil wrongdoing
52
what does r v lamb show
no unlawful act of shooting a gun
53
what cannot their be in udam
omission as shown by R v Lowe
54
what typically is UDAM
non fatals or dangerous acts. however, arson, criminal damage and burglary can also be covered
55
what is the test for something being dangerous
it must be objective, would a sober person realise the risk of some harm
56
which case shows objectivity in UdAM
r v church
57
what does the harm need to be in Udam
only some harm not serious harm
58
which case shows that only some harm is needed
Larkin
59
what case shows that harm need not be specific in UdAM
r v J M and S M
60
can an act against a property be counted as Uam
yes as shown by R V Goodfellow when he set fire to his flat
61
what is not enough for Udam + two case examples
fear alone is not enough on its own ( r v Dawson) however if D knows of v being frail then it can be used ( R v Watson)
62
when is Burglary accepted for UdAM
when it is done in a dangerous way like in r v Burstow Dunn and Delay
63
what are the rules of causation for UdAM
must be physical and legal cause | Vs self injection of a drug breaks chain of causation
64
what does R v Kennedy / R v Dalby show
supplying a drug is not enough for unlawful act manslaughter
65
what does DPP V Newbury and Jones show
only need mens rea for unlawful act. not required to foresee any harm.
66
what are the 4 aspects of Gross negligence manslaughter
Duty of care breach of duty Gross risk of death
67
what are the three aspects of duty of care
proximity of relationship reasonable foreseeability of harm fair just and reasonable
68
what did adomako show
civil concept of negligence still applies
69
what did r v Singh show
landlords can be held accountable for faulty gas and the death of his tenants
70
what does r v Litchfield show
ship owner can own a duty of care to the people on his ship
71
what did R V Wacker show
that for all victims (the illegal immigrants in this case) were a part of the illegal act it does not matter to ds liability
72
how was Stone and Dobinson unfair
they had a duty to call for help because it was Stone's sister, even though they were also ill they had a duty to get help
73
what must the breach of duty do
there must be a factual and legal cause of the death
74
what did the judge state in Adomako relating to gross negligence
it is up to the Jury to decide whether the negligence was "gross"
75
what did R v Misra and Srivastava show
they tried to claim that elements of the law were unclear so that it breached elements of Article 7 of the ECHR. failed as Adomako had already explained this.
76
Evaluation of UdAM
wide range of conduct - blameworthiness varies death was an unexpected result- did not expect other man to die due to his actions objective test means that if D did not realise danger he is still guilty.
77
Reform of UdAM
set out in 2006 report that UdAM should be abolished should be three tier system it would allow harsher sentences for more mens rea - second degree murder criminal act would mean that it would be a subjective test to whether they realise they could be convicted
78
Evaluate GNM
circular test- not clear and confusing "was it criminal" inconsistent verdicts- jury decides whether it is gross enough to be criminal uses civil test for whether someone has been negligent hard to test what a good enough risk of death is.
79
Reform of GNM
2006 law reform report only guilty when: causes death, obvious to person in that position, appreciated risk at time, falls below circumstances prosecution would prove the risk was appreciated subjective recklessness manslaughter- no intent.

#Law crime and legal s (23 decks)

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