Fatal Offences Flashcards
(22 cards)
What is murder?
The unlawful killing of a human being with the intention to kill or cause GBH
What is manslaughter?
unlawful killing without the intent to kill or cause GBH
What are the two types of manslaughter?
Voluntary and involuntary
What is voluntary manslaughter?
Defendant intended to kill but has a defence.
What defences can you use for voluntary manslaughter?
Loss of control and diminished responsibility
What is involuntary manslaughter?
Defendant didn’t intend to kill but caused death
What are the two types of involuntary manslaughter
Unlawful act and gross negligence
What is loss of control?
Making the defendant provoked
What is diminished responsibility
Mental illness
What act is for loss of control?
S.54 -Coroners and justice act 2009
What test would you do for Loss of control?
3 stages test
What is stage 1 of Loss of control and what section was it?
The defendant must have a lost of control and it doesnt have to be sudden. S.54(2)
What was established in gregson?
When assessing whether the defendant has lost their control you are allowed to take into account of their circumstances
In S.55 stage 2 , what are the two triggers which can cause loss of control?
Anger trigger (Hatter) and Fear trigger (pearson)
What is the fear trigger in loss of control? (Pearson)
The defendant would have to fear serious violence to themselves or another person. It is a subjective test. Self defense can be used.
What is the Anger trigger in loss of control? (Hatter)
- Things said or done (side rule: sexual infidelity-Clinton)
- Things said or done that can cause a grave provocation
- The defendant feels a sense of being wronged
What is S.54(3) Stage 3 in Loss of control?
Would a person of the same age and gender as the defendant and with a normal degree of tolerance have acted in a similar way? (Holley)
What is the side rule for stage 3 lose of control?
Desire for revenge (Evans)
What is the act that defines diminished responsibility?
S.52 Coroners and Justice Act 2009
What is stage 1 of diminished responsibility
The defendant must be suffering from an abnormality of mental functioning which arose from a recognised medical condition.
What is the case for stage 1 of diminished responsibility and the description of that case?
Bryne: defines an abnormality of mental function as ‘a state of mind so different that ordinary human beings would term it abnormal’
What are the 7 recognised medical conditions?
- Severe depression (Seers)
- PMT (Smith)
- Battered Wives Syndrome (Hobson)
- Epilepsy (Campbell)
- Paranoia/ personality disorder (Martin)
- Irresistible impulses (Bryne)
- Alcohol Dependency Syndrome (Stewart)
