fatal offences

Question 1

what is the definition of murder

Answer 1

the unlawful killing of a reasonable person in being under the kings peace with malice aforethought express or implied

Question 2

what is the men’s rea of murder

Answer 2

intention to kill
intention to cause gbh

Question 3

what is the actus reus of murder

Answer 3

unlawful killing via act or omission of a reasonable creature in being

Question 4

r v gibbins and proctor

Answer 4

ommision leading to death can form the actus reus

Question 5

what case shows an ommision can form the actus reus

Answer 5

r v gibbins and proctor

Question 6

what is meant by a reasonable creature in being

Answer 6

a human being that is not a foetus
brain dead is a grey area

Question 7

what is meant by under the kings peace

Answer 7

war killings are an exception

Question 8

what is meant by an unlawful killing

Answer 8

not in self defence or in prevention of crime

Question 9

what is express intention

Answer 9

a clear intention to end the life of a victim

Question 10

what is oblique intention

Answer 10

no direct intent but is aware of the consequence

Question 11

what is the serious harm rule

Answer 11

you only need to intend to cause gbh to form the mens rea of murder

Question 12

what case established the serious harm rule

Answer 12

dpp v smith

Question 13

how do you establish oblique intent

Answer 13

using foresight of consequences

Question 14

what are the foresight of consequences

Answer 14

was the consequence natural and probable
did the defendant foresee this
does the jury find d had this level of intention

Question 15

what is transferred malice

Answer 15

d intents to kill or harm one person but ends up killing another

Question 16

which case shows transferred malice

Answer 16

r v gnango

Question 17

r v gnango

Answer 17

transferred malice

Question 18

what is the statute for attempted murder

Answer 18

the criminal attempts act 1981

Question 19

what is the mens rea of attempted murder

Answer 19

an intention to kill

Question 20

what is the actus reus of attempted murder

Answer 20

person does an act more than merely preparatory

Question 21

r v whybrow

Answer 21

there just be an intention to kill in attempted murder

Question 22

what case shows there must be an intention to kill in attempted murder

Answer 22

r v whybrow

Question 23

what are the elements needed for diminished responsibility

Answer 23

abnormality of mental functioning
medical condition
impaired ability
explains act or ommision

Question 24

what is meant by an abnormality of mental functioning

Answer 24

a state of mind so different from that of an ordinary human being that the reasonable man would call it abnormal

Question 25

what case shows an abnormality of mental functioning

Answer 25

r v byrne

Question 26

r v byrne

Answer 26

abnormality of mental functioning is what a reasonable man would term as abnormal

Question 27

what is a recognised medical condition

Answer 27

a physical mental or psychological condition which can be evidenced under the WHO database which can be evolved

Question 28

what is meant by substantially impair

Answer 28

a degree, and is up to the jury

Question 29

what must be substantially impaired to prove diminished responsibility

Answer 29

understand nature of his conduct form a rational judgement exercise self control

Question 30

what is meant by diminished responsibility providing an explanation

Answer 30

the medical condition must lead to abnormality which leads to impaired ability and this must be the reason for killing

Question 31

what kind of defence is diminished responsibility

Answer 31

partial and special

Question 32

is intoxication enough to create dr

Answer 32

no

Question 33

what case shows intoxication can’t create diminished responsibility

Answer 33

r v dowds

Question 34

r v dowds

Answer 34

intoxication can’t be the only factor behind diminished responsibility