2.4 Fatal offences againts the person

Question 1

Murder

define murder

Answer 1

the unlawful killing of a human being with malice aforethought

Question 2

Murder

Actus reus

Answer 2

the unlawful killing od a human being

Question 3

Murder

Mens rea

Answer 3

intent to kill or cause grevious bodily harm

Question 4

Murder

Case of mens rea of murder

Answer 4

Matthews and Alleyne

Question 5

Murder

Facts of Matthews and Alleyne

Answer 5

D’s threw the victim into the river knowing he could not swim. Argued they did not intend for victim to die

Question 6

Murder

Held in Matthew and Alleyne

Answer 6

Both D’s guilty or murder as the death was seen as ‘vertually certain’ to happen

Question 7

Murder

What are the 2 partial defences that only apply to murder?

Answer 7

Loss of control

Diminished responsibility

Question 8

Loss of control

What’s the 3 stage test of this defence

Answer 8

D must lose control

because of a qualifying trigger

a person of their sex, age and degree of tolerence might have reacted the same way

Question 9

Loss of control

Explain ‘Defendant must lose control’

Answer 9

does not matter the time between the loss of control and the murder

Question 10

Loss of control

What constitutes a ‘qualifying trigger’

Answer 10

• D’s fear of serious violence from the victim
• something done or said by the victim

Question 11

Loss of control

Case that outlines this area of law

Answer 11

R v Clinton 2012

Question 12

Loss of control

R v Clinton facts

Answer 12

D’s wife was having an affair while they were on a break, when they met up he killed her

Question 13

Loss of control

Held in R v Clinton

Answer 13

His murder conviction was quashed as the defence of loss of control succeeded

Question 14

Diminished responsibility

What is the 4 stage test for diminished responsibility

Answer 14

1. D was suffering from abnormal mental functioning
2. it was a medically recognised condition
3. mental conditioned substancially impaired ability to understand nature of conduct or to exercise self control
4. and thus providing explanation for behaviour

Question 15

Diminished responsibility

Case that illustrates diminished responsibility

Answer 15

R v Golds

Question 16

Diminished responsibility

Facts of R v Golds

Answer 16

D, who had a history of mental disorders, killed his partner by inflicting 22 stab wounds on her

Question 17

Diminished responsibility

Held in R v Golds

Answer 17

He was found guilty.

The court should leave interpretation of the word ‘substantial’ to the jury.

Question 18

Voluntary manslaughter

Actus reus

Answer 18

Causing death to another person

Question 19

Voluntary manslaughter

Mens rea

Answer 19

Intention to kill

Question 20

Voluntary manslaughter

What is voluntary manslaughter

Answer 20

Occurs when the D kills with mens rea but one of the partial defences applies

Question 21

Voluntary manslaughter

Key case

Answer 21

R v Byrne

Question 22

Voluntary manslaughter

Facts of R v Byrne

Answer 22

D murdered young girl in YWCA hostel, then mutilated her body but he suffered from irresistible impulses he couldnt control

Question 23

Voluntary Manslaughter

Held in R v Byrne

Answer 23

Held that he was suffereing ‘abnormality of mind’. This allowed the conviction to drop from murder to manslaughter

Question 24

What are the 2 types of involuntary manslaughter

Answer 24

Involuntary manslaughter…

1. unlawful and dangerous act manslaughter
2. gross negligence manslaughter

Question 25

Involuntary manslaughter (unlawful and dangerous act manslaughter)

Actus reus

Answer 25

Death caused by the defendant’s unlawful act, rather than deliberately

Question 26

Involuntary manslaughter (unlawful and dangerous act manslaughter)

Mens rea

Answer 26

mens rea for this act is the same mens rea of the unlawful act

Question 27

Involuntary manslaughter (unlawful and dangerous act manslaughter)

What are some rules to the actus reus of this law

Answer 27

act must be dangerous

act must cause the death

act must be unlawful

Question 28

Involuntary manslaughter (unlawful and dangerous act manslaughter)

Case outlining actus reus of this law

Answer 28

R v Lowe 1973

Question 29

Involuntary manslaughter (unlawful and dangerous act manslaughter)

Facts of R v Lowe (1973)

Answer 29

D neglected his child and as a result died from dehydration. Trial judge stated if he was found guilty of ‘neglect’ he must also be found guilty of manslaughter on the grounds that neglect is a unlawful act

Question 30

Involuntary manslaughter (unlawful and dangerous act manslaughter)

Held in R v Lowe (1973)

Answer 30

There must be an unlawful act, not omission, so D was not guilty of manslaughter

Question 31

Involuntary manslaughter (Gross negligence manslaughter)

Define gross negligence manslaughter

Answer 31

Where the death is the result of a grossly negligent act or omission by the D

Question 32

Involuntary manslaughter (Gross negligence manslaughter)

What case developed the 4 part test for this law

Answer 32

R v Adomako

Question 33

Involuntary manslaughter (Gross negligence manslaughter)

4 part Adomako test for gross negligence manslaughter

Answer 33

1. Duty of care must be owed

2.A breach of that duty, which can be chatagorised as gross negligent

3. Breach must cause the death of the victim
4. Must show conplete disregard for human life

Question 34

Involuntary manslaughter (Gross negligence manslaughter)

Facts of R v Adomako (1994)

Answer 34

The appellant was in charge of a patient during eye operation, an oxygen pipe burst and he failed to spot obvious signs.

Question 35

Involuntary manslaughter (Gross negligence manslaughter)

Held in R v Adomako (1994)

Answer 35

Conviction of gross negligence manslaughter was upheld, the laws of negligence applies to make certain C has been in breach of duty of care

Question 36

Involuntary manslaughter

What defences can be pleaded for both types of involuntary manslaughter

Answer 36

Automatism, Insanity, Intoxication or self defence