fatal offences

Question 1

what are the five steps to murder?

Answer 1

an unlawful killing, of a reasonable human being, under the kings peace, with causation, with mens rea

Question 2

what is an unlawful killing?

Answer 2

killings can be lawful such as life support or saving anothers life etc, brain stem death occurs

Question 3

what is a reasonable human being?

Answer 3

something unconnected to their mother, independant from the mother

Question 4

what is under the kings peace?

Answer 4

not at wartime

Question 5

what is the mens rea for murder?

Answer 5

intention, recklessness wont suffice

Question 6

what are the two types of intention for murder?

Answer 6

express, intention to kill OR implied, intention to cause gbh

Question 7

what are the two partial defences to murder?

Answer 7

loss of control and diminished responsibility

Question 8

what are the three steps for loss of control?

Answer 8

genuine loss of control, with a qualifying trigger, against the standard of self control

Question 9

what is a genuine loss of control?

Answer 9

doesnt need to be sudden, cannot be revenge, losing temper wont suffice

Question 10

what is a qualifying trigger?

Answer 10

can be fear or anger, fear is subjective, anger is objective, fear can be unreasonable as long as it was genuine, anger must be of extremely grave character and give a justifiable sense of being wronged

Question 11

where is loss of control set out?

Answer 11

section 54+55 of the coriners and justice act 2009

Question 12

what are the two things that will never qualify as triggers?

Answer 12

incitement of either anger or fear, and sexual infedelity alone cannot

Question 13

what is the standard of self control?

Answer 13

would a person of ds sex and age with a normal degree of tolerance and self restraint in the circumstances of d have reacted in the same or similar ways

Question 14

what circumstances may be considered in standard of self control?

Answer 14

abuse, sexual infidelity alongside something else, depression, unemployment etc

Question 15

will intoxication effect the standard of self control?

Answer 15

if intoxicated still compared to a sober reasonable person

Question 16

what is diminished responsibility set out in?

Answer 16

homocide act 1957 amended in coroners and justice act 2009

Question 17

what are the four steps to diminished responsibility?

Answer 17

abnormality of mental functioning, with a recognised medical condition, which substantially impairs them, explaining their conduct

Question 18

what is abnormality of mental functioning?

Answer 18

a state of mind so different to that of ordinary human beings that the reasonable man would term it abnormal

Question 19

what is a recognised medical condition?

Answer 19

needs to have medical, can be psychological or physical, provide accepted, schizophrenia ads etc

Question 20

what is a substantial impairment?

Answer 20

it needs to either make them unable to understand the nature of their conduct, make them unable to form a rational decision, or make them unable to exercise their self control
it must be important and weighty

Question 21

how do you explain the defendants conduct in diminished responsibility?

Answer 21

link the killing to the substantial impairment

Question 22

will intoxication effect diminished responsibility?

Answer 22

voluntary intoxication alone cannot suffice, if medical condition runs alongside intoxication jury decide whether it was the intoxication at the time or genuinely the abnormality, addiction can be considered, was it voluntary or can they genuinely not stop

Question 23

what are the four parts of unlawful act manslaughter?

Answer 23

unlawful act, which is dangerous, with causation, with mens rea

Question 24

what is an unlawful act?

Answer 24

a crime must be committed, must be criminal in nature

Question 25

what is considered a dangerous act?

Answer 25

if a sober and reasonable man could recognise ds act to be subject to some harm , objective, they dont need to recognise it themselves, harm includes shock but not mental disturbance

Question 26

what is the mens rea for unlawful act manslaughter?

Answer 26

mens rea for the unlawful act not the murder

Question 27

what are the five steps of gross negligence manslaughter?

Answer 27

duty of care, that has been breached, with a risk of death, with causation, which was grossly negligent

Question 28

how can a duty be breached in gross negligence manslaughter?

Answer 28

considers what d was expected to do and whether he failed to do it or did it poorly, judged against the standard of the reasonable competent man doing the same activity

Question 29

what is considered a risk of death?

Answer 29

a reasonably foreseeable risk of death they dont have to be aware of it themselves, risk of injury wont suffice

Question 30

what is considered grossly negligent?

Answer 30

is it criminal in nature, is there a disregard to life and safety of others, must be gross, jury consider is the conduct departed from the standard of care expected of them

Question 31

re a

Answer 31

killed one conjoined twin to save another - a lawful killing

Question 32

ag ref no.3

Answer 32

baby born prematurely and died due to stab during pregnancy - reasonable creature in being

Question 33

page

Answer 33

soldier killed an egyptian national - under the kings peace

Question 34

moloney

Answer 34

murder - intention only

Question 35

vickers

Answer 35

broke into cellar and attacked old woman above - implied malice intention to cause gbh

Question 36

jewell

Answer 36

said he was sleeping badly when he killed someone - acting out of character wont suffice as a genuine loss of control

Question 37

ahluwalia

Answer 37

killed her husband after years of abuse - reaction should be immediate and not revenge

Question 38

johnson

Answer 38

started an argument then killed them - incitement wont suffice

Question 39

lodge

Answer 39

killed drug dealer - qualifying trigger of fear

Question 40

zebedee

Answer 40

killed dad suffering with alzheimers - qualifying trigger can be anger

Question 41

clinton

Answer 41

comments on cheating made - sexual infidelity alone cannot suffice

Question 42

camplin

Answer 42

age and sex must be considered

Question 43

hill

Answer 43

abused as a child - considered a circumstance

Question 44

asmelash

Answer 44

intoxicated at the time of killing - intoxication cannot amount to a loss of control

Question 45

byrne

Answer 45

a sexual psychopath - medical condition

Question 46

tandy

Answer 46

ads - medical condition

Question 47

kay

Answer 47

schizophrenia - medical condition

Question 48

golds

Answer 48

impairment must be important and weighty

Question 49

dowds

Answer 49

intoxicated at the time of killing - intoxication alone unless addiction cannot suffice to diminished responsibility

Question 50

slingsby

Answer 50

must be criminal in nature to be an unlawful act

Question 51

newbury and jones

Answer 51

threw stone on train and it killed a guard - criminal damage classed as an unlawful act

Question 52

church

Answer 52

the reasonable sober man test recognising some harm

Question 53

larkin

Answer 53

defendant doesnt need to realise risk of harm themselves

Question 54

watson

Answer 54

died from burglary at his home - reasonable man would be aware of the risk here

Question 55

adomaka

Answer 55

failed to notice disconnected tube - gross negligence manslaughter

Question 56

broughton

Answer 56

supplied drugs to girlfriend and filmed her didn't help - clear duty of care

Question 57

singh

Answer 57

controlled properties faulty gas fire - breached contractual duty

Question 58

bateman

Answer 58

shown such disregard to life and safety of others

Question 59

misra and srivistava

Answer 59

must be risk of death not just injury in gross negligence