Fatal Elements Against the Person Flashcards
Murder
Unlawful killing of another human being.
AR and MR of Murder
AR: Causing the death of a human being.
MR: Malice aforethought. Intention to cause gbh is sufficient.
Involuntary Manslaughter
The crime of killing another human being unlawfully but unintentionally.
Voluntary Manslaughter
where the offender intended to kill or cause really serious harm but is not guilty of murder due to provocation or mental incapacity
Voluntary Manslaughter: loss of control Defence
s54 Coroners Justice Act 2009:
You have not willed the act, your body is acting without your mind being in control.
Must be a total loss of control.
The cause must be something external.
Voluntary Manslaughter: Diminished Responsibility Defence
s2 Homicide Act 1957:
1) Bordering on but not amounting to insanity.
2) Defendant must be suffering from an abnormality of mental functioning.
3) Which results from a recognised medical condition.
4) Substantially impairs ability to understand his own conduct, form a rational judgement or exercise self control, gives explanation for his conduct.
Class of Involuntary Manslaughter: Unlawful and dangerous act manslaughter
An unlawful act, must be a crime.
Must be proved that unlawful act was dangerous in the sense that a ‘sober and reasonable person would inevitably recognise it was risky’.
Act was the cause of death, this means applying the usual rules of factual causation and legal causation.
Mens rea required
Another Class of IM: Gross Negligence Manslaughter
Duty of care is owed.
There must be a breach of duty, can be an omission and must be foreseeable risk of death.
Must cause death.
The mens rea is gross negligence.
Mens Rea Of Murder Case: DPP v Smith
Policeman tried to stop D driving off with stolen goods by jumping on car bonnet, D drove with speed and zigzagged to get them off.
‘Grievous means no more and no less than really serious.
Loss of Control Case: R v Clinton
R killed ex wife following taunts, revelations about affairs and mental illness.
Sexual infidelity can add to a defence where there exists other qualifying triggers.
Diminished Responsibility Case: R v Golds
D had a history of mental disorder, he killed his partner by inflicting 22 stab wounds after an argument.
Held: Court should leave interpretation of the word ‘substantial’ to the jury, but can advise that substantial means big or large.
Unlawful + Dangerous Act Manslaughter Case: R v Lowe
Appellant’s child died from neglect.
Decision: Must be an unlawful act. Cannot be committed by an omission.
GNM Case: Adomako
During operation, oxygen pipe disconnected and patient died. Anaesthetist appellant failed to notice or respond to obvious signs of disconnection
Held: Conviction for GNM upheld
