fatal offences

Question 1

Definition of murder

Answer 1

unlawfull killing of a reasonable person in being under the kings peace with malice aforethought - Sir Edward Coke

Question 2

what is meant by the unlawful killing

Actus Reus

Answer 2

not in prevention of a crime, war, doctors withdrawing treatment

murder must be the cause of death ( r v white)

Question 3

what is a reasonale person in being

Answer 3

foetus in the womb- A-G REF NO.3 OF 1994
brain dead no stem activity - R v Malcherek

Question 4

under the kings peace

actus reus

Answer 4

not killing the enemy in war time

Question 5

what is the mens rea for murder

Answer 5

malice aforethought- intent to kill ( r v moloney)

implied malice aforethough- intent to cause gbh ( R v Vickers)

Question 6

what are the two types of voulantry manslaughter

Answer 6

diminished responsibility and loss of control

Question 7

definition of diminished resposibility

Answer 7

1) a person who kills or is party to the killing of another is not to be convicted if murder if D was suffering from an abnormality of mental functioning
-a) arose from a recongised medical condition
b) substainally impaired D’s ability ro do one or more of the things in subsection (1a) and
c) provides an explanation for d’s acts and amossing in doing or being a party to the killing

homicide act 1957 s.2

Question 8

what is subsection 1a

Answer 8

(a) to understand the nature of D’s conduct
(b) to form a ratinol judgement
(c) to exercise self control

Question 9

what is ann abnoraility of mental function

Answer 9

D’s mental function was so differing to that of an ordinary being that reasonable person would term it abnormal ( R v Bryne)

Question 10

what are some recongised mental conditions from; R v Bryne, R v Vinagre, E v Ahluwalia, R v Gittens

Answer 10

physcopathy, extreme jealously, battered woman syndrome, depression

Question 11

what does it mean by substanitslly impaired

Answer 11

is not defined, bryne says its down to the jury

Question 12

provides an explanation for D’s acts

Answer 12

• does not need to be the main factor but must be significant.

Question 13

what if d is voulantry intoxicated

Answer 13

R v Di Duca states that not an abnormality of mental function

Question 14

what if disregarding the alcohol the abnormality would still have led to the same outcome?

Answer 14

it can be used R v Dietschmann

Question 15

however if the defendant suffered with alcohol dependence syndrome

Answer 15

the defence is still available R v Woods

Question 16

what is the defintion of a loss of control

Answer 16

• D’s acts and omissions in killing or being a party to killing resulted from D’s loss of control
• the loss of control had a qualifying trigger and
• a person of the similar charectertistcs and cicrumstances , might have reacted in the same or similar way

S54 (1) coroners and justice act 2009

Question 17

what is a loss of control

Answer 17

-D’s to have lost the their ability to act in accordance with their judgement
- D must have lost there normal powers of reasoning
-D’s behvaiour was atypical out of characterand normall they would have never acted this way

Question 18

what are two elements of the loss of control

Answer 18

is must be a complete loss of control ( R v Jewell)
doesnt have to be sudden ( R v Ahluwalia)

Question 19

what are the two types of qualifying triggers

Answer 19

fear of serious violence (R v Dawes)
things said or done of exterme grace character( R v Zebedee)

Question 20

what is not a qualifying trigger

Answer 20

sexual infidelity ( R v Clinton)
desire for revenge(R v Baillie)

Question 21

what is the definition of unlawful act manslaughter

Answer 21

when the defendant commits an unlawful and dangerous act which is a crime and causes death

Question 22

what is meant by a similar person would react in a similar way

Answer 22

this is an objective test for the jury to consider ( R v Rejmanski)

Question 23

what is meant by unlawful

Answer 23

must be a criminal act and cant be a civil offence - R v Franklin
all the elements of the crimnal act must be present R v Lamb

Question 24

what is meant by an act

Answer 24

must be an act not an omission

r v lowe

Question 25

what is meant by obectively dangerous

Answer 25

- all sober and reasonable people would recongize that the acts would cause some harm ( r v church - some harm has to be forseeable( r v JM and SM) - must be physical harm ( r v daswon) - the act does not need to be directed towards the victim ( r v larkin)

Question 26

what does it mean by causes the death

Answer 26

legal and factual causation ( R v white/ R v Hughes) drugs are an intervening act ( R v Kennedy)

Question 27

what is the mens rea for unlawful act manslaughter

Answer 27

must prove the mens rea for the unawful act | dpp v newbury and jones

Question 28

what is the definition of gross negligence manslaughter

Answer 28

when the defendants owes some firm of duty of care to the victimbut the duty is broken and the victim dies as a result

Question 29

what elements did R v Adomako set out

Answer 29

1. the existence of a duty of care by the defendant to the victim ( R v Singh) 2. an act or omission in breach of that duty ( R v Litchfield) 3. which creates a serious and obvious risk of death- R v Misra and Srivasstava) is it obvious that failing to uphold your duty of care in the particular way would have carried the risk of death 4. and causes the death, causation R v Broughton 5. the whole must amount to gross negligence R v Cooke

Question 30

what is the definition of gross negligence manslaughter

Answer 30

such disregard for the life ans safety of others as to amount to a crime against rhe state and conduct deserving punishment