- Unlawful killing - not self-defence or prevention of crime - Under the King's peace - killing in war is not murder - Reasonable creature in being - is a foetus a reasonable creature? brain dead people?

- Malice aforethought express or implied - No MR for murder without forseight of consequence

- Normal rules apply - Must prove factual and legal causation - Must be no intervening act that breaks chain of causation

Fatal Offences Flashcards by Molly Haynes

Define Murder

The unlawful killing of a reasonable creature in being, under the King’s peace, with malice aforethought express or implied

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Actus reus of murder

Unlawful killing - not self-defence or prevention of crime
Under the King’s peace - killing in war is not murder
Reasonable creature in being - is a foetus a reasonable creature? brain dead people?

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Mens rea of murder

Malice aforethought express or implied
No MR for murder without forseight of consequence

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Causation for murder

Normal rules apply
Must prove factual and legal causation
Must be no intervening act that breaks chain of causation

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Forseight of Consequence for Murder

D must foresee that death or serious injury would be caused
No MR for murder if no foresight of consequence

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Oblique intent for murder

When intention of GBH or death isnt obvious but it still resulted in death

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Transferred Malice for Murder

Normal rules apply

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Coincidence of AR and MR

Normal rules apply

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What is the Year and a Day Rule

Murder

If a V was on life support and it had been 1 year and 1 day, then D can no longer be liable if V dies
Abolished in 1996 Law Reform Act as was unfair

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Vickers 1957

Murder

D broke into sweet shop. Knew old last was deaf. D punched V and kicked in head. V died

Only intended GBH but liable for murder as was reckless

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Moloney 1985

Murder

Drunk playing ‘quick draw’. V said D didn’t have guts to pull trigger. D did and V died

D liable as was forseeable

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What are the 3 denfences in voluntary manslaughter

Diminished responsibility
Loss of control
Suicide pact

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Define Diminished Responsibility

Voluntary Mansluaghter

Someone who killled is not to be convicted of murder if they were suffering from an abnormality of mental functioning which:
1) Arose from recognised mental condition
2) Substantially impaired D’s ability to:
> Understand nature of conduct
> Form rational judgement
> Exercise self control
3) Porvides an explanation for D’s acts or omissions

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Examples of Recognised Medical Conditions

Voluntary Manslaughter

Paranoia
Epilepsy
Diabetes
Sleep disorders
Depressive illness

Byrne 1960

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Substantial Impairment

Voluntary Manslaughter

-D’s ability to do one of these things must be substantially impaired:
1) Understand nature of his conduct
2) Form a rational judgement
3) Exercise self control

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Provides an Explanantion for D’s Conduct

Voluntary Manslaughter

D must prove that abnormality fo mental functioning is the reasoning for his actions
Has to be a casual connection
Must be a significant factor in the killing

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R v Golds 2014

Voluntary Manslaughter

D had history of mental disorders. Stabbed partner 22 times, killing her.

Mental disorders sufficient for substaintial impairment.

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Byrne 1960

Voluntary Manslaughter

D was a sexual psychopath. Strangled and mutilated women. Medical evidence that he was unable to contorl perverted ideas

Convicted of manslauhter with diminished responsibility

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Define Loss of Control

Voluntary Manslaughter

Study These Flashcards

Is a 3 stage test:
1) D must lose control
2) Becuase of a qualifying trigger
3) Someone of same sex and age would act same in same circumstances

What is the 3 Stage Test for Loss of Control?

Voluntary Manslaughter

Study These Flashcards

Is a 3 stage test:
1) D must lose control
2) Becuase of a qualifying trigger
3) Someone of same sex and age would act same in same circumstances

Qualifying Triggers for Loss of Contorl

Voluntary Manslaughter

Study These Flashcards

1) D fears serious voilence from V
2) A thing done or said which:
> Constituted cirumcstaces of an extremely grave
character
> Caused D to have justifiable sense of being
seriously wronged

- Seuxal infedility IS NOT  a qualifying trigger

Excluded Matters in Loss of Control

Voluntary Manslaughter

Study These Flashcards

Sexual infidelity is not a qualifying trigger
Desire for revenge is not loss of control

Circumstances in Loss of Control

Voluntary Manslaughter

Study These Flashcards

Circumstances can be taken into account when deciding whether a ‘normal person’ would have reacted in same way

Camplin 1978

Loss of Control

Study These Flashcards

D was sexually absused. Abuser then laughed at D. D reacted by hitting abuser over head with pan. Abuser died

Convicted of voluntary manslaughter under loss of control

Gregson 2006 | Loss of Control

D was epileptic and had depression. V taunted D. D lost control and killed V | D liable for voluntary manslaughter under loss of control

What would a killing in revenge be classed as?

Murder **NOT** manslaughter

What are the 2 defences to Involuntary Manslaughter?

- Unlawful act manslaughter - Gross negligence manslaughter

Define Involuntary Manslaughter

When the actus reus of murder can be proven but only a lower level of mens rea can be demonstrated

Define Unlawful Act Manslaughter | Involuntary Manslaughter

- An unlawful and dangerous act that causes death of a human being - Makes D liable without realising there was a risk of death or serious injury

What is needed to prove Liability of Unlawful Act Manslaughter | Involuntary Manslaughter

1) D must do unlawful act 2) Act must be dangerous according to an objective test 3) Act must cause death 4) D must have mens rea for the unlawful act

What is needed to prove Liability of Unlawful Act Manslaughter | Involuntary Manslaughter

1) D must do unlawful act 2) Act must be dangerous according to an objective test 3) Act must cause death 4) D must have mens rea for the unlawful act

An Unlawful Act | Unlawful Act Manslaughter

- Must be a criminal offence - Cannot be a civil offence - Is often assault - Can include: > Arson > Burglary > Criminal Damage - Omissions cannot create liability, MUST BE AN ACT

A Dangerous Act | Unlawful Act Manslaughter

- On an objective test - 'Sober and reaosnable people would recognise the risk of some harm coming to the other person' - Doesn't matter if D says they didnt realise - Act doesn't need to be aimed at victim

The Act Causing Death | Unlawful Act Manslaughter

- Unlawful act must be cause of death - Causation applies - If an intervening act breaks the chain of causation then D not liable

What is Joint Involvement in Unlawful Act Manslaughter | Unlawful Act Manslaughter

- Held that there could be circumstances when V and D were both involved - E.g. Injecting

Mens Rea of Unlawful Act Manslaughter | Unlawful Act Manslaughter

- Must prove mens rea for the unlawful act - D does not have to realise unlawful act is dangerous

Cato 1975 | Unlawful Act Manslaughter

D and V injected eachother with heroin. One died. | Survivor convicted of Unlawful Act Manslaughter

Mitchell 1983 | Unlawful Act Manslaughter

D threatened man and punched him. Man fell into old lady and killed her. Unlawful as punching someone was likely to cause some harm | D convicted of Unlawful Act Manslaughter

Define Gross Nelgigence Manslaughter

Where D owed V a duty of care but breaches that duty in a negligent way, causing death

What Test is Needed to be Proven for Gross Nelgigence Manslaughter? | Gross Nelgigence Manslaughter

Adamako 1994 - 4 part test

What is the Adamako 1994 4 Part Test | Gross Nelgigence Manslaughter

1) Must be a duty of care owed to V 2) Must be a breach of duty which is gorssly negligent and therefore a crime 3) Breach must cause or significalty contribute to death of V 4) Breach must be gross

Duty of Care Owed | Gross Nelgigence Manslaughter

- Requires forseeability, proximity, fairness, justice and reasonableness - Can be contractual or taken voluntarily

Negligence Must be Gross | Gross Nelgigence Manslaughter

- Is for jury to decide - D judged against someone of similar skill - Does not matter if D didn't appreciate risk, only matters that risk would be obvious to a reasonable person - Is an objective test, based on what a reasonable person would do in same circumstance

Risk of Death | Gross Nelgigence Manslaughter

- Must be a risk to health and welfare - Must have disregard for the life and safety of others

Mira 2004 | Gross Nelgigence Manslaughter

Doctor treating V with post op care. V developed infection which wasn't diagnosed or treated ## Footnote D's charged with Gross Nelgigence Manslaughter

Wacker 2002 | Gross Nelgigence Manslaughter

D agreed to bring 60 illegal immigrants on lorry. Was agreed air vent would be shut at certain times to avoid being caught. Journey took longer than expected. 58 V's died. D owed a duty of care to V | D liable for Gross Nelgigence Manslaughter

Fatal Offences Flashcards

(46 cards)