Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Law paper 1- criminal > Fatal offences > Flashcards

Fatal offences Flashcards

(84 cards)

Start Studying
1
Q

Who defined murder?

A

Lord Coke

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the definition of murder?

A

The unlawful killing of any human being under the King’s peace in any country of the realm with malice aforethought

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the 2 times murder will be considered lawful?

A

Necessity
Self-defence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the case for self-defence?

A

Martin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Can an unlawful killing be committed by omission?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the case for an unlawful killing to be committed by omission?

A

Gibbins and Proctor- neglected their child who therefore died

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is an human being?

A

Living independently outside of the womb

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the case for the definition of human being?

A

AG Ref No.3 1994

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What did the case of Malcherek and Steel say?

A

A person on life support is not considered a human being

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does it mean if a killing is ‘under the King’s peace’?

A

The killing is lawful if it is in a time of war if you are killing an enemy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What does ‘any country of the realm mean’?

A

That a British citizen can be tried for murder even if committed in another country

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the test for causation in fact?

A

The ‘but for’ test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the case for causation in fact?

A

White

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What 3 things are needed for legal causation?

A

Morally responsible
More than minimal cause
Accelerated the death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the case for legal causation?

A

Pagett- Human shield

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are novus actus interveniens?

A

Things that break the chain of causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the 3 types of NAI?

A

Act of victim (Longbottom)
Act of third party (Jordan)
Unpredictable event

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Do eggshell conditions break the chain?

A

Never break the chain of causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What did the case of Blaue say about eggshell conditions?

A

D must take the V as he finds them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the 2 types of mens rea for murder?

A

Direct intent
Oblique intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is direct intent and the case?

A

Has the aim and desire for the result (Mohan)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is oblique intent and the case?

A

The result was virtually certain (Woolin)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is unlawful act manslaughter?

A

D committed an unlawful act that lead to D’s death but the MR for murder is not present

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the 2 part test for unlawful act manslaughter?

A

The act must be a crime
Cannot be committed through omission (Lowe)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What is a dangerous unlawful act?
Sober and reasonable man would regard it as dangerous and some risk of harm occurring
26
What is the case for dangerous unlawful act?
Church
27
What can a dangerous and unlawful act not be?
Doesn't have to be aimed at V but may be aimed at a person or property
28
What are the cases for UA person and property?
Person- Larkin Property- Goodfellow
29
The unlawful act must cause...
Death
30
Do normal causation rules apply for dangerous unlawful act and what are they?
Yes Fact Legal NAI
31
What are the rules on causation and drugs?
If D supplies and does inject he is liable, if D supplies and the V self injects he is not liable unless he supplied it to someone young and misinformed
32
what is the case for causation and drugs?
Kennedy
33
What is the MR for unlawful act manslaughter?
they don't need to realise that it was dangerous as long as they intended the act
34
What is the case for MR and unlawful act manslaughter?
Newbury and Jones
35
What is involuntary manslaughter?
An unlawful killing where the D had no intention to kill or cause GBH
36
What case restated the test for gross negligence manslaughter?
Broughton
37
What is gross negligence manslaughter?
When D has killed but lacks the MR for murder and unlawful act manslaughter
38
What are the 5 elements that must be established for gross negligence manslaughter?
DOC BOD Risk of death Breach causes death Gross negligent act
39
What is the neighbor principle and what case?
People closely and directly affected by an act Donoghue v Stevenson
40
What are the 5 established duties for gross negligence manslaughter duty of care?
Contract (Pitwood) Public office (Dytham) Relationship (Gibbons and Proctor) Voluntary (Stone and Dobinson) Limit harm caused (Miller)
41
What is the test for breach of duty?
Reasonable man with the same skill level and expertise
42
What is risk of death?
Reasonably foreseeable at the time of breach
43
What is the case for risk of death?
Rose- life threatening is not the same as the possibility of risk of death
44
Is causation the same for gross negligence manslaughter?
Yes
45
What does grossly negligent mean?
Breach so bad it amounted to a criminal offence
46
What is the case for the MR of gross negligence and the held?
Adomako- behaviour so bad it amounted to a criminal offence
47
What is voluntary manslaughter?
D had the AR and MR for murder but there is a defence as to why they killed
48
What was the act that set out the rules on voluntary manslaughter?
Coroners and Justice act 2009
49
What section of the coroners and justice act is loss of control?
S.54
50
What are the 2 defences for voluntary manslaughter?
Loss of control Diminished responsibility
51
What does s.54(1a) of the Coroners and Justice Act 2009 state?
D's acts/omissions resulted from loss of self control
52
What does s.54(1b) of the Coroners and Justice Act 2009 state?
The loss of self control resulted from a qualifying trigger
53
What does s.54(1c) of the Coroners and Justice Act 2009 state?
A person of the same age, sex and characteristics as D would've acted in the same way
54
What does S.54(2) of the Coroners an Justice Act say?
Loss of control does not have to be sudden
55
What does S.54(4) of the Coroners an Justice Act say?
If a person acts out of revenge, it will fail as it cannot be pre-meditated 'snapped out of nowhere'
56
What did the case of Jewell say about loss of control?
Sleeping badly and not being able to think straight was an insufficient defence
57
What is S.55 of the Coroners an Justice Act about?
Qualifying triggers
58
What does S.55(3) of the Coroners an Justice Act say?
V fears serious violence and does not have to be reasonable as long as it is honest
59
What is the case for S.55(3) of the Coroners an Justice Act?
Lodge
60
What does S.55(4) of the Coroners an Justice Act say?
The thing said must be extremely grave and the V must have been seriously wronged
61
What is the case for S.55(4) of the Coroners an Justice Act?
Zebedee
62
What does S.55(5) of the Coroners an Justice Act say?
The trigger can be a combination of the S.55(3) and (4)
63
What does S.55(6c) of the Coroners an Justice Act say?
It cannot be due to sexual infidelity unless combined with the other triggers
64
What is the case for sexual infidelity not being a trigger?
Dawes
65
What is the case for sexual infidelity not being a trigger unless combined with other triggers?
Clinton
66
What is the normal person's test? 3 parts
A person of d's sex and age with same degree of tolerance in same circumstances react in the same way Other circumstances Intoxication not taken into account
67
What is the case for intoxication not being taken into account?
Amelash
68
What are examples of other circumstances in the normal person's test?
Mental health Sexual abuse
69
What is the case for other circumstances in the normal person's test?
Hill
70
What act defines diminished responsibility?
S.2 Homicide Act 1957, amended by s.52 Coroners and Justice Act 2009
71
What is diminished responsibility?
A partial defence to a charge of murder
72
What are the 4 parts of diminished responsibility and their sections?
S.52(1)- Abnormality of mental functioning S.52(1)(a)- From a recognised medical condition S.52(1)(b)- Substantially impaired D's ability S.52(1)(c)- Provides an explanation for D's acts
73
What is abnormality of mental functioning and what is the section?
Must suffer from abnormality of mental functioning with medical evidence S.52(1)
74
What does the case of Byrne say about abnormality of mental functioning?
'a state of mind so different from that of ordinary human beings that a reasonable man would term it abnormal'
75
How can a medical condition be recognised?
By psychiatrists on an internationally recognised list
76
What are the 6 recognised medical conditions under S.52(1a) with cases?
Alcohol dependency syndrome (Tandy) Battered spouse syndrome (Ahluwahlia) Depression (Seers) Schizophrenia (Kay) Autism (Conroy) Paranoid personality (Squelch)
77
What comes under S.52(1)(b) of diminished responsibility?
Substantial impairment of ability
78
What are the 3 things that come under substantial impairment of ability?
Understand their conduct Form rational judgement Ability to exercise self control
79
What does it mean for D to understand their conduct and the section under substantial impairment of ability?
They are in an automatic state and don't understand what they are doing S.52(1)(a)
80
What does it mean for D to form rational judgement and the section under substantial impairment of ability?
D can't form rational judgement S.52(1)(b) eg. paranoia
81
What does it mean for D to have the ability to exercise self control and the section under substantial impairment of ability?
They can't stop themselves from killing S.52(1)(c)
82
What is the section number for 'provides an explanation for D's conduct'?
S.52(1)(c)
83
How can an explanation be provided for D's conduct?
Has to be a casual connection as to why D killed and their abnormality of mental functioning- significant factor
84
What are the rules on diminished responsibility and intoxication?
Intoxication alone cannot be used unless there is an abnormality of mental functioning along with it or alcohol dependency syndrome

Law paper 1- criminal (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions