4 - Murder, Provocation & Manslaughter

Question 1

MURDER

What is the common law definition of murder

Answer 1

the unlawful killing of a reasonable creature

Question 2

MURDER - 1) UNLAWFUL KILLING

Airedale NHS v Bland (when is death)

Answer 2

it is the cessation of brain stem activity

Question 3

MURDER - 1) UNLAWFUL KILLING

AG #3 of 1994 ( what is AR for murder)

Answer 3

any intentful action which hastens death

Question 4

MURDER - 2) - Reasonable Creature

AG v X

Answer 4

Human beings are only victims of cl murder

Question 5

MURDER - 3) CAUSATION

r v Flynn

Answer 5

no right to expect deceased to mitigate injury

Question 6

MURDER - 3) CAUSATION

R v WIlliams & Davis ( hitchiker)

Answer 6

liable where d caused deceased to act dangerouysly

Question 7

MURDER - 3) CAUSATION

R v Blaue

Answer 7

refusal mof treatment does not break chain of causation

Question 8

MURDER - 4) MENS REA

s.4(1) of CJA 1990 - mens rea element

Answer 8

Intended to kill/ cause serious harm

Question 9

MURDER - 4) MENS REA

s.4(2) of CJA 1990 - sub element

Answer 9

Presumed to intend - natural and probable cause of conduct

Question 10

MURDER - 4) MENS REA

R v Woolin

Answer 10

oblique intention is sufficient

Question 11

MURDER - 4) MENS REA

DPP v CLifford

Answer 11

likely consequences - mr of intent is presumed

Question 12

MURDER - 5) Punishments

s.2 of CJA 1990

Answer 12

details mandatory life sentence for murder conviction

Question 13

MURDER - 5) Punishments

s.24 of Paroile Act 2019

Answer 13

eligibility of parole after 12 years

Question 14

CAPITAL MURDER

DPP V Murray

Answer 14

extra mr needed - knowledge of garda/prison officer

Question 15

CAPITAL MURDER

DPP v Brady (2020)

Answer 15

Most recent cap murder - 40 years

Question 16

CAPITAL MURDER

DPP v McHugh

Answer 16

40yr sentence, released after 3/4’s

Question 17

MANSLAUGHTER

DEFINITION

Answer 17

all unlawful killings which do not meet murder

Question 18

MANSLAUGHTER

DPP v Healy

Answer 18

must be “unlawful and dangerous”

Question 19

MANSLAUGHTER

DPP V HORGAN

Answer 19

Any unalwful act will suffice if criminal

Question 20

MANSLAUGHTER

what standard is dangerousness set to

Answer 20

objective - reasonable person test

Question 21

Gross Negligence MANSLAUGHTER

must owe a duty of care

Answer 21

R v Instan

Question 22

Gross Negligence Manslaughter

Breach is held at objective standard

Answer 22

AG v Dunleavy

Question 23

Gross Negligence Manslaughter

Failure of SOC must have brought a v.high level of risk/danger

Answer 23

DPP v Scully

Question 24

Gross Negligence Manslaughter

step test to gross neg manslaughter in R v Duckenfield

Answer 24

1- must owe a doc
2- must breach
3- breach must give probability of loss of life
4- must be ther cause
5- breach must be reprehensible

Question 25

# Dangerous Driving statutory offence

Answer 25

s.53 of RTA 1961

Question 26

# dangerous driving Objectyive test for dangerous driving

Answer 26

DPP v Connaughton

Question 27

# Euthanasia Fleming v Ireland

Answer 27

assisted suicide is illegal

Question 28

# PROVOCATION Not a complete defence

Answer 28

DPP v Bourke

Question 29

# PROVOCATION loss of control not loss of temper

Answer 29

DPP v Davis

Question 30

# PROVOCATION can extreme anger be used for loss of control

Answer 30

yes - DPP v Curran

Question 31

# PROVOCATION - ENgland - Objective What is the standard in R v Camplin

Answer 31

reasonable person with some of d's characterisitics

Question 32

# PROVOCATION - ENgland - Objective objective requirement of behaviour which meets "societal expectations"

Answer 32

R v Smith

Question 33

# PROVOCATION - Ireland - Subjective DPP v Hussein

Answer 33

subjective test for provaction

Question 34

# provocative conduct must be evidenced

Answer 34

DPP v Davis

Question 35

# Provocative conduct must have been done by deceased to def

Answer 35

DPP v Delaney

Question 36

# provocative conduct Sufficient if A to B, B Kills C mistakenly

Answer 36

DPP v Doyle

Question 37

# HEAT OF THE MOMENT Mancini v DPP

Answer 37

More time between = less likely to succeed

Question 38

# PROPORTIONALITY OF PROVOCATION DPP v Hennessy

Answer 38

still allowed to jury if proportionate

Question 39

# PROOF OF PROVOCATION DPP V CEKA

Answer 39

Up to prosecution to negate it - up for jury to decide

Question 40

DPP v MCNAMARA Provocation

Answer 40

mixed test for provocation in ireland - objective test with some of d's characteristics