Fatal offences Flashcards
1
Q
Who created the definition for murder ?
A
Lord Coke
2
Q
what are the 3 areas to murder ?
A
- Lord cokes definition
- causation
- intention (mens rea)
3
Q
what is lord cokes definition ?
A
murder is the unlawful killing of a human being under the kings peace in any country of the realm with malice afterthought, expressed or implied
4
Q
Gibbins and Proctor (1918)
starve, child, neglect
A
parents locked V away and neglected her. V starved to death
Guilty
unlawful killing
5
Q
explain the human being part of Lord cokes definition
A
- foetus - isn’t a human, as it can’t live independently from the womb. only can charge manslaughter
- life support - if no brain activity then not a human
6
Q
**
Adebolajo (2014)
soldier, muder, army
A
- killed a solider, tried to argue it was an act of war, when it wasn’t
- Guilty - whole life sentence
7
Q
What are the 4 levels of intent ?
A
- dircet intent to kill
- direct intent for GBH
- oblique intent to kill
- oblique intent for GBH
8
Q
Woolin (1998)
baby, throw
A
- D’s baby wouldn’t stop crying, so he launched it across the room
- confirmed the test for oblique intent
9
Q
Mohan
ABH, officer
A
- attempted ABH on an officer
- created the definition for direct intent
10
Q
explain direct intent
A
- have full intention for murder/GBH and the end outcome
- have the aim and desire
- absolutely certain that the murder/GBH will occur
11
Q
what is diminished responsibility ?
A
a partial defence to murder than can reduce the charge to manslaughter
12
Q
what section is DR under ?
A
- S2 if the homicide act 1957
- amended by S52 of the coroners and justice act 2009
13
Q
what are the 5 areas of diminished responsibility ?
A
- abnormality of mental functioning (AMF)
- recognised medical condition (RMC)
- substantially impaired (SI)
- provides an explanation (EX)
if in Q - If D kills and is intoxicated
14
Q
what is the test for abnormality of mental functioning ?
A
D’s mental functioning is so abnormal that the normal person wouls see it so
15
Q
Byrne (1960)
unable, woman, psychopath
A
- D was a sexual psychopath who killed a young woman as he was unable to control his perverted desires
- he successfully claimed DR as he had an AMF
16
Q
what is a recognised medical condition ?
A
- something that the WHO have on their condition list
- must be confirmed by 2 medical professionals
- EG: schizophrenia, psychosis, adjustment disorder, battered spouse syndrome
17
Q
Brown (2011)
adjustment, hammer, bury
A
- suffered from adjustment disorder and killed his soon to be ex wife with a hammer and buried her body
- did get the defence of DR
18
Q
what does substantially impaired mean ?
A
the RMC must substantially impair D’s mental responsibility to do one of 3 things:
1. understand the nature and conduct of their actions
2. make a rational judgment
3. exercise self control
19
Q
Golds (2011)
22, psychotic, partner
A
- had a psychotic episode, stabbed his partner 22 times
- didn’t get the defence of DR
20
Q
what does provides an explanation mean in terms of DR ?
A
needs to be a causal link between the defendants AMF and the killing
21
Q
what are the 3 parts to intoxication in DR ?
A
- just drunk - plead intox defence instead
- drunk + an AMF/RMC - jury to ignore drink and focus on condition
- alcohol dependancy (ADS) - has it caused brain damage, volume of drinks consumed
22
Q
Dietschmann (2003)
adjustment, watch, auntie
A
- auntie/girlfriend died and D was suffering from an adjustment disorder
- V broke watch given by auntie
- D kicked him to death. was drunk at the time but if alcohol ignored he still had a RMC
- defence given
intox + RMC/AMF
23
Q
what is loss of controll ?
A
a partial defence to mu7rder that can reduce the charge to manslaughter
24
Q
what section is loss of controll under
A
S54 and S55 of the coroners and justice act 2009
25
what are the 3 areas to loss of control ?
1. loss of controll
2. qualifying trigger
3. normal person test
26
explain loss of controll
* D must loose controll so they are not the master of their mind
* S54(2) the loss doesn't need to be sudden
27
Jewell (2014)
colleague, shot, house
* D went to his work collegues house to pick him up and shot him at point blank range
* no defence die to insuffiecent eveidence
28
explain qualifying trigger
* fear - fear really serious violence to you or someone else
* anger -
1. things said and done
2. extremely grave of character
3. justifiable sense of being wronged
29
Dawes (2013)
sofa, ex, rage
* D comes home to see his ex partner asleep with new boyfriend
* fit of rage and kills the boyfriend
* defence failed as he argued the fear trigger - and boyf was asleep
30
Zebedee (2011)
farther, poo, stamp
* D was dementia kept pooing himslef all the time
* killed his farther by stamping on him
* no defence as he didnt have a JSBW and his dads actions weren't EGC
31
what is the normal person test ?
we ask a person of D's sex and age, with a normal degree of tolerance, who have been in D's situation/simular, if they might have reacted the same
32
Christian (2018)
shower, flat mate, stab
* D tried to have a shower but all hot water had been used by his flat mate
* stabbed flat mate
* no defence as the NPT wouldn't do the same thing
33
What is involuntary manslaughter?
When death occurs but the defendant does not have the intention for death or serious injury
34
What is constructive manslaugher ?
Occurs where D does an unlawful act that causes the death of the victim, but they don’t have the intention for killing
35
What is CM also know as ?
Unlawful act manslaughter
36
What are the 4 areas to CM
1. Unlawful act
2. Dangerous
3. Caused death
4. MR for the unlawful act
37
Explain unlawful act
- must be a positive criminal act (acc do something)
- unlawful act does not need to be directed at the victim
- unlawful act can be directed at property
- omissions will not suffice
38
Larkin
Mistress, blade, neck
D waved a razor blade in front of a man ( assault)
D’s mistress comes over to break up the fight and slits her neck on blade and dies
Guilty
39
Explain dangerous
- objective 2 part test through jury
1. Would the SRP see D’s actions as dangerous
2. Would the SRP see a risk of some harm
Other relevant info for SRP: don’t need to make the same mistake as D, gain D’s knowledge
40
Church
River, prostitute
D hired a prostitute to help him
Punched her unconscious and threw her in the river
Guilty
41
Explain caused death
- established that D caused D’s death
- Normal causation rules apply
- Principles that break the chain apply
42
Goodfellow
House, family
- d wants to move council says no so D sets house on fire
- kids and wife inside die
- guilty
43
MR for the unlawful act
- D must have MR for the unlawful act
- can be intentional or recklessness depending on US
- transferred malice applies
44
Newbury and jones
- 2 boys chucking concrete over railway bridge
- one slab kills train driver
- guilty
45
What is gross negligence manslaughter
Occurs when D kills but lack the MR for murder, however they were acting negligently which causes D’s death
Tests were established in Adomako
46
What are the 5 areas to gross neg
1. Duty of care
2. Breach of duty
3. Foreseeable risk of death
4. Caused the death
5. Grossly negligent
47
Explain duty of care
- existing duty from either judges or parliament
- similar duties can applies
- no duties then apply Caparo
48
Caparo test
1. Was the harm reasonably foreseeable
2. Fair just and reasonable
3. Are your proximate to the victim
49
Explain breach of duty
D judged against the ordinary standards of the reasonably competent person of their profession to see if there has been a breach
50
Explain Evan’s
D bought daughter drugs and daughter overdosed and died
D moved her into bed and rang ambulance in the morning
Guilty as the rc drug dealer would phone 999 before fleeing
51
Explain risk of death
The breach must show a forseeable serious and obvious risk of death:
A serious and obvious risk of death
Foreseeable - predict it will happen
52
Explain caused death
Must be established that D caused the death of v
Normal rules of causation apply including principles that can break the chain
53
Broughton
D dealt drugs to gf at festival, rang ambulance too late
NG as can’t prove that if ambulance had arrived earlier she would have survived
54
Explain grossly negligent
Test - were D’s actions so bad that they accounted to a crime/ criminal offence
55
Adomako
Eye doctor forgot to check o2 tubes and patient died
Guilty
